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ESSAYS 


PimiSHMENT  or  DEATH. 


BY    CHARLES    SPEAR, 

ACTKOR  OF  'TITLBS  OP  JBSUS;'  'SUATS  OB  UfPRISONltSIlT  FOR  OXBT,'  XTO. 


I  shall  ask  for  the  abolition  of  the  Penalty  of  Death  until  I  hare  the  infallibility 
of  human  judgment  demonstrated  to  me.  The  Punishment  of  Death  has  always 
inspired  me  with  feelings  of  horror  since  the  execrable  use  made  of  it  during  the 
former  Revolution.  ItAFArsTrs. 


NINTH     EDITION, 


BOSTON: 
PUBLISHED    BY    THE    AUTHOR 

LONDON: 
JOHN   GREEN,    121    NEWGATE   STREET. 

1844. 


Entered  according  to  act  of  Congress,  in  the  year  1844, 

BY   CHARLES    SPEAR, 

In  the  Clerk's  Office  of  the  District  Court  of  Massachusetts. 


STEREOTYPED   BY 

GEORGE  A.   CURTIS, 

KKW  ENGLAND  TYPE  AND  STEREOTYPK  PODNDRT. 


THIS    VOLUME 

IS 

▲FFEOTIONATELY    DEDIOATED 

TO 

THOMAS  C.  UPHAM, 

PROFESSOR     OF    MENTAL    AND    MORAL    PHILOSOPHY    IN    BOWDODT 
COLLEGE,     ME., 


A   TOKEN   OF   RESPECT   AND   ESTEEM 


SYMPATHY  FOR  THE  CRIMINAL. 


PREFACE. 


Theodoeic  the  Great,  who  was  at  the  head  of  the  Gothic 
monarchy  in  Italy,  is  said  to  have  governed  his  subjects  by 
the  following  excellent  maxim : — '  It  is  the  duty  of  a  benign 
prince  to  be  disposed  to  prevent,  rather  than  to  punish 
offences.'  Had  all  rulers  been  governed  by  such  a  prin- 
ciple, there  would  have  been  no  necessity  for  works  on  the 
subject  of  the  Punishment  of  Death.  Crimes  would  have 
ceased,  and  the  scaffold  would  long  since  have  passed  into 
oblivion.  But  few  have  understood  the  principle,  and  fewer 
still  have  carried  it  into  practical  operation.  Such  being 
the  condition  of  society,  the  author  has  felt  impelled,  from  a 
sense  of  duty,  to  complete  a  work  expressly  devoted  to  a 
consideration  of  the  penalty  of  death.  For  years,  he  has 
thought  deeply  upon  it.  A  few  months  ago,  by  the  advice 
of  a  few  judicious  friends,  he  was  induced  to  take  up  the 
subject  anew.  The  labor,  at  first,  appeared  somewhat  easy 
to  be  accomplished,  but,  on  a  closer  investigation,  the  sub- 
ject was  found  to  embrace  an  immense  field,  and  to  lie  at 
the  very  foundation  of  the  whole  social  fabric;  to  be,  in 
fact,  the  very  starting  point  for  every  moral  reform.  For, 
of  what  avail  will  it  be  for  any  community  to  expect  to 
prosper,  unless  the  Sacredness  of  Human  Life  is  first  admit- 
ted ?  Our  object  has  been  to  establish  this  great  truth,  that 
the  criminal,  though  debased,  yet,  is  a  man  and  a  brother ; 
and,  as  such,  deserves  human  sympathy.  We  have  sus- 
tained this  by  argument,  and  by  a  variety  of  incidents,  all 
showing  that  there  is  a  chord  in  every  soul  that  can  be 
made  to  vibrate. 

1* 


VI  PREFACE. 

The  work  is  divided  into  two  parts.  One,  containing 
facts  and  arguments  drawn  from  history  and  observation ; 
the  other,  founded  on  the  Scriptures. 

The  author  intended  to  have  presented  other  subjects 
which  seem  to  have  a  close«connection  with  that  of  the  Pun- 
ishment of  Death.  He  actually  sent  forth  a  prospectus,  in 
the  fifteenth  edition  of  his  work  on  the  '  Titles  of  Jesus,' 
to  that  effect.  Moral  Insanity;  the  Treatment  of  Prison- 
ers ;  the  Degeneracy  of  the  Press,  respecting  Criminal  Re- 
ports; aU  these,  and  other  kindred  topics,  presented  their 
claims.  But  he  found  it  impossible,  in  a  work  on  so  limited 
a  plan,  to  do  justice  to  either ;  especially  Moral  Insanity ; 
a  subject  involving  many  facts,  and  leading  to  a  series  of 
metaphysical  reasoning,  and  to  an  investigation  of  a  variety 
of  mental  phenomena.  Several  friends  advised  him  to 
direct  his  whole  effort,  first,  to  the  abolition  of  the  Pun- 
ishment of  Death ;  then,  in  some  future  labor,  to  consider 
such  other  topics  as  seemed  most  intimately  connected. 

During  our  labor,  we  have  been  cheered  and  animated  by 
a  few  choice  friends,  to  whom  we  feel  largely  indebted. 
Among  them,  we  must  place  Robert  Rantotjl,  Esq.  On 
learning  our  intention  to  write  a  work  on  this  subject,  he 
kindly  offered  his  aid,  and  sent  us  many  valuable  English 
publications.  All  who  know  anything  of  the  history  of 
legislation  in  Massachusetts,  know  how  much  the  public  are 
indebted  to  him  for  his  invaluable  reports. 

We  have  also  freely  availed  ourselves  of  the  labors  of 
J.  O'SuLLiVAN,  Esq.,  of  New  York.  He  has  produced  one 
of  the  most  valuable  reports  ever  issued  from  any  legisla- 
tive body. 

We  cannot  express  ourselves  too  warmly  to  another 
friend,  for  the  incitements  received  on  this  subject,  as  well 
as  on  another,  somewhat  allied — that  of  war.  During  two 
journeys  to  Maine,  we  have  had  the  pleasure  of  interviews 
with  Professor  Upham,  the  true  friend  of  humanity,  whether 
debased  by  Crime,  trodden  down  by  Slavery,  or  crushed  by 


PREFACE.  rfi 

War.  Indeed,  we  know  not  that  we  should  have  brought 
out  our  work  at  the  present  time,  had  it  not  been  for  his 
encouragement.  In  our  progress,  we  have  frequently 
availed  ourselves  of  the  labors  of  his  mind,  which  are  beau- 
tifully embodied  in  his  Manual  of  Peace,  a  work"  which,  for 
beauty  of  style,  we  have  never  seen  surpassed. 

In  writing  the  essay,  entitled,  '  Dangerous  to  Liberty,'  we 
were  peculiarly  fortunate  in  meeting  with  a  most  thrilling 
speech,  by  O'Connell,  the  '  great  agitator,'  delivered  before 
the  London  Society  for  the  Diffusion  of  Information  on  the 
subject  of  Capital  Punishment.  His  voice  came  to  us  in 
solemn  tones,  across  the  Atlantic ;  for,  by  a  singular  coinci- 
dence, at  the  very  time  when  we  were  referring  to  his 
speech,  he  was  arraigned  upon  charges  (which  occupied 
seventy  hours  in  reading)  for  treason ;  a  capital  offence  in 
every  government  on  earth ;  an  offence  considered  the  most 
heinous  and  aggravating  of  all  others,  by  politicians ;  an 
offence  which  seems  to  hold  about  the  same  rank  among 
them  that  heresy  does  among  religionists.  No  crime  is 
more  indefinite.  For  no  one  has  blood  flowed  more  freely. 
How  finely  is  this  melancholy  truth  brought  out,  in  reference 
to  the  French  Revolution,  by  Lafayette,  in  the  motto  upon 
our  title  page  !  The  death-penalty  has  fallen  heavily  upon 
the  hero,  the  martyr,  and  the  scholar !  How  many  have 
fallen  beneath  the  bloody  axe !  With  minds  far-reaching 
beyond  their  age,  misunderstood  and  unappreciated,  they 
have  perished.  And  what  a  melancholy  chapter  might  be 
written  on  the  fate  of  human  discoverers !  And  what  a 
brilliant  chapter,  too ;  all  sparkling  with  facts  in  human 
progress  ! 

In  the  course  of  our  examination  of  the  Scriptures,  we 
spent  much  time  in  bringing  out  the  number  of  offences  in 
the  Code  of  Moses.  In  the  wide  range  which  critics  have 
taken,  we  found  no  one  who  had  collated  and  arranged  the 
offences  with  reference  to  their  number.  Some  may  think 
that  we  have  gone  too  far.     An  objection  may  be  raised  that 


Vm  PK£FAC£. 

the  expression,  *  cut  off,'  does  not  mean  death  in  a  capital 
form.  A  reference  to  a  single  passage,  respecting  the  Sab- 
bath, found  in  Exodus  xxxi.  14,  will  confirm  the  view  we 
have  adopted. 

To  make  our  work  complete,  we  devoted  much  time  and 
labor  in  ascertaining  the  number  of  capital  offences  in  the 
code  of  the  Union,  and  the  codes  of  the  several  States.  We 
were  kindly  assisted  here  by  an  attorney  of  our  city,  whose 
name  we  have  mentioned  with  pleasure,  in  the  notes  to  the 
various  codes,  in  the  first  Appendix.  Such  an  arrangement 
is  not  to  be  found  in  any  work  that  has  come  within  our 
own  observation.  It  will  be  of  great  service  to  the  reader ; 
enabling  him  to  turn,  at  any  moment,  to  see  what  is  a  capi- 
tal offence  in  the  code  of  the  Union,  or  in  either  of  the  twen- 
ty-six states  of  our  republic.  It  may  tend  to  the  prevention 
of  crime,  by  thus  presenting  the  law,  in  this  simple  form,  to 
the  public  eye. 

The  author  has  done  what  he  could,  considering  the  state 
of  his  health,  his  opportunities,  and  the  limited  plan  which 
he  was  obliged  to  mark  out,  that  his  work  might  be  within 
the  means  of  the  public  generally.  His  own  mind  has  been 
informed,  and  his  heart  more  deeply  interested  in  the  gen- 
eral cause  of  benevolence.  And  his  fervent  prayer  is,  that 
the  work  may  be  a  blessing  to  others,  and  be  a  means,  at 
least,  of  bringing  one  wanderer  back  from  crime  and  degra- 
dation to  the  path  of  righteousness  and  truth ;  ever  remem- 
bering, '  that  joy  shall  be  in  heaven  over  one  sinner  that 
repenteth  more  than  over  ninety  and  nine  just  persons  that 
need  no  repentance.' 

Boston,  January  1,  1844. 


CONTENTS. 


PART  L— HISTORY  AND  OBSERVATION. 

Pag« 

ESSAY  I. — Sackedness  of  Human  Life. 

Saicide — ^Expediency, 15 

ESSAY  n.— Revengeful. 

Story  of  a  horse  stealer — Punishment  and  revenge — Confession  of 
a  magistrate — Reformation  of  a  boy  guilty  of  highway  robbery 
— Sympathy  for  the  degraded, 29 

ESSAY   III. — SCRUPIXS   OF    JUKOES   AND  "WITNESSES. 

Law  defeats  itself — Facts  in  England — Lord  Brougham's  speech 
— Petitions  of  jurors  and  merchants — Testimony  of  Blackstone 
— Anecdote  of  a  juryman — Incident  of  a  jury  in  Pljrmouth, 
Mass.,       ...  36 

ESSAY  rV. — Effect  of  Public  Executions  upon  the  Prisoner. 

Executions  of  Boyington — Robinson — A  pirate — Two  brothers — 
Thistlewood — Armstrong — Mary  Jones, 42 

ESSAY  V. — Effect  of  Public  Executions  upon  the  Spectators. 

Anecdote  of  a  pick-pocket — Testimony  of  Dr.  Dodd — Effect  upon 
.     a  celebrated  banker — Description  by  an  English  traveller — Tes- 
timony of  a  witness — Testimony  of  a  convict — Private  execu- 
tions— Execution  of  Lechler — Conduct  of  an  executioner,         .    52 

ESSAY  VI. — Effect  of  Public  Executions  upon  Domestic  Life. 

Provision  in  Prussia  for  the  children  of  criminals — Condemned 
forger  and  his  family — The  condemned  and  his  child — Incident 
at  Massachusetts  Slate  Prison — Painful  fact — Hangman  and 
the  judge, 67 

ESSAY  VII. — Effect  of  Abolishment. 

Rome— Russia— Bombay— Belgium— Tuscany— Objection  of  Chee- 
ver — Singular  confession  of  Buonaparte, 76 


X  '       CONTENTS. 

ESSAY  VIII. — Danoerous  to  Liberty. 

Connection  of  subject  with  human  freedom — Declaration  of  rights 
— Suicide-office — History — No  republic  founded  on  inviolability 
of  life — Difficulty  of  defining  treason  and  heresy — Emmett  and 
Washington — Danger  of  the  author  under  some  forms  of  gov- 
ernment— Length  of  charges  against  O'Connell — Treason  in 
reign  of  Henry  VIII.' — Story  of  Prince  David — Colonel  Dawson 
— Singular  fact  in  reference  to  Mr.  Dorr,  in  Rhode  Island, 
respecting  treason — French  revolution — Robespierre's  speech 
against  Capital  Punishment — Son  of  God  a  victim  to  this  law — 
Stories  of  Colonel  Hayne — Mrs.  Gaunt — Lady  Lisle — Testi- 
mony of  La  Fayette, 88 

ESSAY  IX. — Future  Condition  of  the  Soul. 

Appeal  to  Christians — Conduct  of  prisoners — Stephen  M.  Clarke 
— Cheever's  argument — Petition  presented  by  Lord  Brougham 
— Incident  at  Lechler's  execution — Execution  of  a  man  eighty- 
three  years  of  age — Reformation  possible — Corinthian  church — 
Apostle  Peter — David,  king  of  Israel, 100 

ESSAY  X. — Irremediability. 

The  argument — Indiffisrence  of  Paley  and  Hudson — Case  of  a  sur- 
geon and  his  servant — Confession  not  a  proof — Instances  in 
England  and  in  Vermont — Complaining  for  gain — Noticed  by 
parliament — Burkites — Liability  of  witnesses — Difficulty  of  dis- 
proving a  certain  charge — Rape — Innocent  condemned — Forty- 
eight  hours  for  criminals  after  sentence,  in  England — Property 
considered  more  veiluable  than  life — Mock  charge  of  a  villain — 
Trial  of  the  Knapps — Singular  remark  of  Daniel  Webster — 
Execution  of  the  innocent — Innkeeper — A  farmer — Instances 
given  by  Mrs.  Child,  Smollett  and  O'Connell,    .        .        .        .107 


PART  II.— SACRED   SCRIPTURES. 

ESSAY  I.— Cain. 

Scriptures — Dominion  not  given  to  man  over  man — First  murder 
in  first  family — Lamech — Ahimelech — The  Sacrifice — Murder 
of  Abel — Address  of  Deity — Omniscience  of  Deity — Life  invio- 
lable— Objection — Anecdote  of  Biron — Immutable  distinctions 
— Strength  of  the  argument — Reflections — First  and  last  mur- 
der,  125 

ESSAY  II. — Covenant  with  Noah. 

Importance  of  the  argument — Cheever's  view — Confounded  with 
Mosaic  code — Cain's  sentence  experimental — Reply — The  del- 
uge— The  promise — Rainbow — Translation — Septuagint — ^Vul- 
gate— Le  Clerc— Calvin — Upham — A  prediction — Cheever's  ridi- 


CONTENTS.  OB 

cnle — Sanctity  of  life — Chapin's  view — Patriarchal  age — Illas* 
tration  from  Jesus — The  Kevelator — Debate  in  Windward 
Islands, 135 

ESSAY  in.— Mosaic  Code. 

Popular  appeals  to  the  Mosaic  Code — Imperfect  system — ^Wrong 
views — Its  divisions — The  Avenger — Cities  of  refuge — ^Visit  to 
the  cell  of  Leavitt,  the  murderer — Number  of  capital  offences 
— Sacredness  of  life — Error  in  civilized  codes — Statute  of  Mas- 
sachusetts— Jewish  code  abolished — Moses  referred  to  a  higher 
prophet — Sixth,  commandment — Reasons  for  Jewish  code — 
Voice  of  God — Objections, 156 

ESSAY  rV.— TEAcmnGS  op  Chkist. 

Sermon  on  the  Mount — Law  of  retaliation — Present  law — Story 
of  an  executioner — The  adulteress — Law  of  Moses — Feelings 
to  be  entertained  towards  the  criminal — Anecdote — Request  to 
call  fire  from  heaven — Peter's  request — Forgiveness — Moses 
and  Christ— Objection — Sentence  of  Christ — His  precepts — 
Objection  of  Hudson — Reply — Duty  of  the  Church — Objection 
— New  Covenant — The  crucifixion — Eulogium  upon  Howard — 
Prayer-meeting  in  a  murderer's  cell — Death  of  Christ,      .        .  174 

ESSAY  v.— Objections. 

Innovation — Claims  of  antiquity — Christ — Cheever'sview  of  Cain 
— Inhuman  to  abolish  the  law — Violence  upon  a  maniac — The 
law  a  restraint  upon  the  imprisoned — Conversation  in  a  prison 
— Save  life — Expediency — Death  of  Christ — Experimenting — 
Anecdote — Incident  among  the  Hottentots — All  sympathy  for 
the  criminal — Example  of  Jesus — Adulteress — Suicide  of  Colt 
— Criminals  beyond  moral  influences — Washingtonian  move- 
ment,          192 

ESSAY  VI. — Encoubagements. 

Extent  of  the  proposed  reform — Punishment  of  Death  sustains 
slavery — Experiment  of  the  Reform — English  philanthropists 
— Sirs.  Fry — Experiment  among  the  heathen — Executions 
private — Suicide  of  Colt — Feelings  towards  the  executioner — 
Spain — Scruples  of  jurors — Anecdotes — Progress  of  society — 
Imprisonment  for  debt — Inefficiency  of  Capital  Punishment — 
Quakers — Penn — Washingtonianism — Incident  of  Channing — 
Christianity, 204 


APPENDIX  I. 


Capital  Offences  of  the  Union, 220 

Capital  Offences  of  the  several  States, 220 

Explanation  of  phrase,  '  without  benefit  of  clergy,'       .        .        .  232 


3rii  CONTENTS. 

APPENDIX  n. 

iLLtTSTRATIONS  OF  KiNSMESS, 234 

Mrs.  Fry's  visit  to  Newgate, 234 

Conduct  of  Captain  Pillsbury,  of  Weathersfield  prison,  Con- 
necticut,          235 

Conduct  of  an  agent  of  the  Bible  Society  in  the  Mexican  pro- 
vince of  Texas,    : 236 

Anecdote  of  William  Ladd, ,237 


PART  I. 


HISTORY  AND  OBSERVATION. 


ESSAYS,  &c. 


I. 

SACEEDNESS   OF   HUMAN   LIFE. 

Suicide — Expediency. 

'The  power  over  human  life  is  the  sole  prerogative  of  Him  who 
gave  it.  Human  laws,  therefore,  are  in  rebellion  against  this  preroga- 
tive when  they  transfer  it  to  human  hands.'  Dr.  Rush. 

Our  first  inquiry  will  be  respecting  the  authority 
for  Capital  Punishment.  We  do  not  intend  to  take  an 
extensive  view  of  this  part  of  our  subject,  for  there  are 
many  other  considerations  which  would  be  more  inter- 
esting to  the  general  reader. 

The  reader  should  remember  that  the  great  object  of 
our  labor  will  be  to  show  the  injustice  of  Capital  Pun- 
ishments. The  disposal  of  a  prisoner  is  a  matter  for 
a  work  on  another  plan.  Take  away  first  this  cruel, 
sanguinary  law,  and  then  let  benevolence  and  justice  do 
their  work. 

We  wish  to  establish,  clearly,  that  life  is  sacred,  in- 
alienable,— a  gift  from  Heaven.  And  even  our  Declara- 
tion of  Rights  admits  this  great  truth.  Settle  this  great 
question  forever,  and  then  society  will  begin  to  improve; 
humanity  will  be  respected,  and  the  criminal  will  be 
looked  on  with  pity  as  a  man  and  a  brother. 

It  has  been  said,  that  society  is  a  compact,  and  that 
each  individual  must  give   up   some  portion  of  his 


16  SACREDNESS  OF  HUMAN  LIFE. 

rights  to  the  government  under  which  he  lives.  Mr. 
Rantoul  contends,  however,  that  there  is  no  such  com- 
pact. '  It  belongs  to  those,'  he  says,  '  who  claim  for 
society  the  rightful  power  of  life  and  death  over  its 
members,  as  a  consequence  of  the  social  compact,  to 
show  in  that  compact  the  express  provisions  which 
convey  that  power.  But  it  cannot  be  pretended  that 
there  are,  or  ever  were,  such  provisions.  It  is  argued, 
as  boldly  as  strangely,  that  this  right  is  to  be  implied 
from  the  nature  of  the  compact.  It  may  seem  unne- 
cessary to  reply  to  such  an  assumption;  but  it  has 
often  been  advanced,  and  for  that  reason  deserves  our 
notice.  In  point  of  fact,  there  is  no  social  compact 
actually  entered  into  by  the  members  of  society.  It  is 
a  convenient  fiction — a  mere  creature  of  the  imagina- 
tion— a  form  of  expression  often  used  to  avoid  long 
and  difficult  explanations  of  the  real  nature  of  the 
relation  between  the  body  politic  and  its  individual 
members.  This  relation  is  not,  strictly  speaking, 
that  of  a  compact.  It  is  not  by  our  voluntary  con- 
sent that  we  become,  each  one  of  us,  parties  to  it. 
The  mere  accident  of  birth  first  introduced  us,  and 
made  us  subject  to  its  arrangements,  before  we  were, 
in  any  sense,  free  agents.  After  we  had  grown  to  the 
age  of  freemen,  and  had  a  right  to  a  voice  in  the  com- 
mon concerns,  what  alternatives  had  we  then  left? 
Simply  these.  Resistance  to  the  social  compact,  as  it 
is  called,  under  the  prospect  of  producing  ruin,  confu- 
sion, anarchy,  slaughter  almost  without  bounds,  and 
finally  ending  in  a  new  form  of  the  social  compact, 
much  more  objectionable  than  that  which  had  been 
destroyed,  if  the  resistance  should  prove  successful : 
should  it  fail  of  success,  incurring  the  penalty  of  trea- 
son, a  cruel  death,  to  such  as  have  not  been  fortunate 


SACREDNESS  OP  HUMAN  LIFE.  If 

enough  to  fall  in  the  field  of  battle.  Flight  from  the 
social  compact,  that  is  to  say,  flight  not  only  from  one's 
home,  friends,  kindred,  language  and  country,  but  from 
among  civilized  men,  perhaps,  it  may  be  said,  from  the 
fellowship  of  the  human  race.  Or,  lastly,  submission 
to  the  social  compact,  as  we  find  it,  taking  the  chance 
of  our  feeble  endeavors  to  amend  it,  or  improve  the 
practice  under  it.  To  this  result,  almost  every  man 
feels  compelled  by  the  circumstances  in  which  he  finds 
himself;  circumstances  so  strong  as  to  force  from  an 
inspired  apostle  the  declaration,  though  he  wrote  under 
the  tyrant  Nero,  a  monster  of  depravity,  "  the  powers 
that  be  are  ordained  of  God ;  whosoever  therefore  re- 
sisteth  the  power,  resisteth  the  ordinance  of  God ;  and 
they  that  resist  shall  receive  unto  themselves  damna- 
tion." ' 

But  admitting  all  that  the  most  strenuous  advocates 
contend  for,  respecting  the  social  compact,  the  question 
returns.  Can  the  individual  give  to  society  a  right 
which  was  never  conferred  on  him  by  his  Creator? 
Has  any  one  a  right  to  take  his  own  life  ?  '  Every 
Christian,'  says  Mr.  Rantoul,  'must  answer,  no.  A  man 
holds  his  life  as  a  tenant  at  will, — not  indeed  of  society, 
who  did  not  and  cannot  give  it,  or  renew  it,  and  have, 
therefore,  no  right  to  take  it  away, — but  of  that  Almighty 
Being  whose  gift  life  is,  who  sustains  and  continues  it, 
to  whom  it  belongs,  and  who  alone  has  the  right  to  re- 
claim his  gift  whenever  it  shall  seem  good  in  his  sight. 
A  man  may  not  surrender  up  his  life  until  he  is  called 
for.  May  he  then  make  a  contract  with  his  neighbor, 
that  in  such  or  such  a  case  his  neighbor  shall  kill  him? 
Such  a  contract,  if  executed,  would  involve  the  one 
"party  in  the  guilt  of  suicide,  and  the  other  in  the  guilt 
of  murder.  If  a  man  may  not  say  to  his  next  neighbor, 
2* 


18  SACREDNESS  OP  HUMAN  LIFE. 

"  When  I  have  burned  your  house  in  the  night  time,  or 
wrested  your  purse  from  you  on  the  highway,  or  bro- 
ken into  your  house  in  the  night,  with  an  iron  crow,  to 
take  a  morsel  of  meat  for  my  starving  fchild,  do  you 
seize  me,  shut  me  up  a  few  weeks,  and  then  bring  me 
out  and  strangle  me ;  and  in  like  case,  if  your  turn 
comes  first,  I  will  serve  you  in  the  same  way," — would 
such  an  agreement  between  ten  neighbors  be  any  more 
valid  or  justifiable  7  No.  Nor  if  the  number  were  a 
hundred,  instead  of  ten,  who  should  form  this  infernal 
compact,  nor  if  there  should  be  six  hundred  thousand 
or  seven  hundred  thousand,  or  even  fourteen  millions, 
who  should  so  agree,  would  this  increase  of  the  number 
of  partners  vary  one  hair's  breadth  the  moral  character 
of  the  transaction.  If  this  execution  of  the  contract  be 
not  still  murder  on  the  one  side,  and  suicide  on  the 
other,  what  precise  number  of  persons  must  engage  in 
it,  in  order  that  what  was  criminal  before  may  become 
innocent,  not  to  say  virtuous ;  and  upon  what  hitherto 
unheard  of  principles  of  morality  is  an  act  of  murder 
in  an  individual,  or  a  small  corporation,  converted  into 
an  act  of  justice  whenever  another  subscriber  has  joined 
the  association  for  mutual  sacrifice  7  It  is  a  familiar 
fact,  in  the  history  of  mankind,  that  great  corporations 
will  do,  and  glory  in,  what  the  very  individuals  com- 
posing them  would  shrink  from  or  blush  at ;  but  how 
does  the  division  of  the  responsibility  transform  vice 
into  virtue,  or  diminish  the  amount  of  any  given  crime? 
The  command,  "  Thou  shalt  not  kill,"  applies  to  indi- 
vidual men  as  members  of  an  association,  quite  as 
peremptorily  as  in  their  private  capacity.' 

Suicide  has  been  maintained  by  some  writers,  both 
in  ancient  and  modern  times.  We  have  met  with  a 
French  author,  who,  to  sustain  it,  offers  the  following 


SACREDNESS  OF  HUMAN  LIFE.  19 

view :  '  I  do  not,'  says  he,  '  regard  as  a  very  serious 
objection  that  pretended  prohibition  of  suicide,  whence 
it  has  been  argued  that  we  cannot  dispose  of  human 
Hfe.  After  Rousseau's  admirable  letters  on  suicide,  he 
must  be  a  bold  man  who  would  venture  an  off-hand 
opinion  on  such  a  serious  question. 

'  When  my  coat  straightens  me,  I  throw  it  off.  If 
my  house  does  not  suit  me,  I  quit  it.  Why  should  I 
not  abandon  life  ? 

'  It  is  true,  the  savage  may  starve,  or  freeze,  rather 
than  kill  himself;  but  yet  he  kills  his  venerable  father, 
with  his  own  hand,  to  save  him  from  suffering  under 
a  decaying  constitution,  and  the  pangs  of  a  lingering 
death. 

'  Besides,  to  start  from  a  questionable  point  to  estab- 
lish the  point  in  question,  is  only  to  settle  one  doubt  by 
another. 

'  The  objection  is  a  relic  of  the  middle  age,  when  the 
law  punished  suicide  as  a  crime.  Those  punishments 
have  been  erased  from  our  statutes.  We  cannot, 
therefore,  admit  that  a  principle  which  has  been  ex- 
cluded from  our  criminal  legislation,  should  continue 
to  constitute  one  of  its  elements.'^ 

This  reasoning  will  appear  very  singular  to  an 
American  legislator.  The  author  evidently  felt  the 
force  of  the  objection,  that  man,  having  not  the  right 

*  '  Je  ne  considere  pas  comme  une  objection  bien  grave  la  pretendue 
defense  d'attenter  a  notre  propre  vie,  d'on  I'on  conclut  que  nous  ne 
pouvons  pas  davantage  disposer  de  celle  de  nos  semblables. 

'  Lorsqu'  on  a  lu  les  admirables  lettres  de  Jean  Jacques  sur  le  suicide, 
il  devient  temeraire  de  trancher  legerement  une  aussi  grave  question. 

'  Quand  un  vetement  me  gene,  je  le  quitte ;  quand  une  habitation 
jn'mcommode,  j'en  sors.    Pourquoi  ne  pourrais-je  pas  sortir  de  la  vie? 

'  On  parle  du  sauvage,  qui  souvent  meurt  de  faim,  de  froid,  et  ne  se 
tue  point  lui  meme. 

'  La  chose  est  possible ;  mais  on  oublie  que  ce  meme  sauvage  donne^ 


20  SACREDNESS  OF  HUMAN  LIFE. 

to  take  his  own  life,  could  not  give  it  to  another ;  and 
to  meet  it,  adopts  this  strange  view.  He  even  goes 
farther,  and  endeavors  to  show  that  not  only  suicide  is 
justifiable,  but  that  all  religious  ideas  must  be  banished 
from  the  mind,  before  we  can  consistently  advocate 
Capital  Punishment.  '  It  has  been  objected,  that  there 
is  atheism  in  thus  cutting  off  the  probationary  state  of 
a  soul.  I  should  answer  this  sufficiently,  if  I  should 
only  quote  this  fundamental  maxim  of  our  legislation ; 
"The  law  ought  to-  be  atheistical."  This  astound- 
ing proposition  M.  Urtis  thus  explains  in  a  note :  "  Not 
that  I  would  HERE  preach  atheism.  I  only  contend, 
that  as  the  law  recognizes  religious  freedom,  it  cannot 
assume  as  a  fundamental  principle  the  doctrines  of  any 
particular  faith.  *  =^  It  must  regard  only  the  general 
good  of  society.  No  one  can  tell  where  such  a  course 
will  end,  if  the  necessities  of  society  are  to  be  subjected 
to  all  the  requisitions  of  theology."  '^ 

de  sa  propre  main,  la  mort  a  soq  vieux  pere,  pour  lui  epargner  les 
souffrances  cle  la  caducite,  les  tourmens  d'une  longue  agonie  ! 

'  Au  surplus,  partir  d'un  point  contestable  pour  etablir  le  principe 
conteste,  n'est  ce  pas  prouver  la  question  par  la  question  ? 

'Cette  objection  est  une  reminiscence  du  moyen  age.  Alors  la  loi 
portait  des  peines  centre  le  suicide.  Elles  ont  ete  effacees  de  nos  Codes. 
On  ne  peut  done  admettre,  comnie  element  de  legislation  criminelle,  un 
principe  qui  en  a  ete  banni. — De  la  Peine  de  Mort,  2 — 3.' 


*  '  II  y  a  de  1' Atlieisme,  ajoute-t-on,  dans  ce  coup  de  hache  qui  enleve 
un  ame  au  repentir. 

'  Je  pourrais  pour  toute  reponse,  me  borner  a  citer  cette  maxime,  base 
de  notre  droit  public,  suivant  laquelle  LA  LOI  DOIT  ETRE  ATHEE. 
He  adds  in  a  note  :  Non  que  je  veuille  ICI  precher  1' Atlieisme.  Je 
veux  dire  seulement  que  la  loi,  admettant  la  liberie  des  cultes,  ne  doit 
prendre  pour  base  les  dogmes  d'aucune  cro5^ance  particuliere.  *  *  Elle 
ne  doit  considerer  que  I'utilite  generale  de  la  societe.  On  n'en  finirait 
plus  s'il  fallait  subordonner  les  necessites  sociales  a  toutes  les  eiigen 
ces  de  la  theologie.     De  la  Peine  de  Mort,  26 — 27.' 


SACREDNESS  OF  HUMAN  LIFE.  SI 

We  do  not  mean  to  say  that  those  who  advocate 
Capital  Punishment  are  atheistical  in  their  views;  but 
we  do  mean,  that,  to  be  consistent,  they  must  admit 
suicide  to  be  justifiable ;  for,  generally,  they  contend 
strictly  for  human  governments,  and  that,  becoming 
members  of  a  government,  we  give  up  a  portion  of  our 
rights.  '  When  we  surrendered  to  society  the  smallest 
possible  portion  of  our  liberty,  to  enable  us  the  better 
to  retain  the  aggregate  of  rights  which  we  did  not  sur- 
render, did  we  concede  our  title  to  that  life  with  which 
our  Creator  has  endowed  us  ?  Is  it  to  be  conceived 
that  we  have  consented  to  hold  the  tenure  of  our  earthly 
existence  at  the  discretion  or  the  caprice  of  a  majority, 
whose  erratic  legislation  no  man  can  calculate  before- 
hand ?    While  our  object  was  to  preserve,  as  little  im- 

We  should  think,  from  the  following  statistics  of  suicide  in  France, 
that  the  people  were  not  very  slow  to  carry  the  reasoning  of  M.  Urtis 
into  practice : — 

'Increase  of  Suicides  in  France. — It  appears,  from  official  docu- 
ments contained  in  recent  Paris  papers,  that  the  number  of  suicides  in 
France  increases  each  year.  In  the  year  1839,  they  amounted  to  one 
thousand  seven  hundred  and  forty-seven,  being  one  hundred  and  sev- 
enty-one more  than  in  1838,  three  hundred  and  four  more  than  in  1837, 
and  four  hundred  and  seven  more  than  in  1836.  The  department  of 
the  Seine  figures  for  four  hundred  and  eighty-six,  nearly  one  fifth  of 
the  entire.  Six  hundred  and  eighty-eight  females  are  returned  among 
the  suicides.  Each  period  of  life,  from  infancy  to  old  age,  has  paid  its 
tribute  to  this  malady.  There  are  two  children  of  from  eight  to  nine 
years  of  age,  two  of  eleven,  one  of  twelve,  two  of  thirteen,  three  of 
fourteen,  nine  of  fifteen,  one  hundred  and  forty-seven  of  sixteen  to 
twenty-one,  three  hundred  and  thirty-five  of  sixty,  one  hundred  and 
eighty-nine  of  seventy,  and  forty-one  of  eighty.  The  means  most  fre- 
quently used  to  destroy  life  are  submersion  and  strangulation.  Nine 
hundred  and  fifty-eight  individuals  drowned  themselves,  eight  hundred 
and  sixteen  hung  themselves,  one  hundred  and  eighty-nine  suffocated 
themselves  with  the  fumes  of  charcoal,  which  appears  to  be  the  principal 
mode  resorted  to  by  the  Parisians.' 


22  SACREDNESS  OP  HUMAN  LIFE. 

paired  as  might  be  possible,  all  our  rights,  which  are 
all  of  them  comprehended  in  the  right  to  enjoy  life, 
can  we  have  agreed  to  forfeit  that  right  to  live  while 
God  shall  spare  our  lives,  which  is  the  essential  pre- 
cedent condition  of  all  our  other  rights  1  Property  may 
be  diminished,  and  afterwards  increased.  Liberty  may 
be  taken  away  for  a  time,  and  subsequently  restored. 
The  wound  which  is  inflicted  may  be  healed,  and  the 
wrong  we  have  suffered  may  be  atoned  for ;  but  there 
is  no  Promethean  heat  that  can  rekindle  the  lamp  of 
life,  if  once  extinguished.  Can  it  be,  then,  that  while 
property,  liberty,  and  personal  security  are  guarded 
and  hedged  in  on  every  side,  by  the  strict  provisions 
of  our  fundamental  constitution,  that  life  is  uncondi- 
tionally thrown  into  the  common  stock,  not  to  be  for- 
feited in  a  specific  case,  agreed  upon  beforehand  at  the 
organization  of  our  society,  but  in  all  such  cases  as  the 
popular  voice  may  single  out  and  make  capital  by* 
law  ?     Have  we  entered  into  any  such  compact  ? 

'  The  burthen  of  proof  is  wholly  upon  those  who 
afiirm  that  we  have  so  agreed.  Let  it  be  shown  that 
mankind  in  general,  or  the  inhabitants  of  this  Com- 
monwealth in  particular,  have  agreed  to  hold  their 
li\'es  as  a  conditional  grant  from  the  state.  Let  it  be 
shown  that  any  one  individual,  understandmg  the  bar- 
gain, and  being  free  to  dissent  from  it,  ever  voluntarily 
placed  himself  in  such  a  miserable  vassalage.  Let 
there,  at  least,  be  shown  some  reason  for  supposing 
that  any  sane  man  has,  of  his  own  accord,  bartered 
away  his  original  right  in  his  own  existence,  that  his 
government  may  tyrannize  more  heavily  over  him  and 
his  fellows,  when  all  the  purposes  of  good  govern- 
ment may  be  amply  secured  at  so  much  cheaper  a 
purchase.     In  no  instance  can  this  preposterous  sacri- 


SACREDNESS  OP  HUMAN  LIFE.  23 

fice  be  implied.  It  must  be  shown  by  positive  proof 
that  it  has  been  made,  and  until  this  is  undeniably  es- 
tablished, the  right  of  life  remains  among  those  reserved 
rights  which  we  have  not  yielded  up  to  society.' 

Beccaria  has  some  good  remarks  on  this  subject. 
*  What  right,  I  ask,  have  men  to  cut  the  throats  of  their 
fellow-creatures?  Certainly  not  that  on  which  the  sov- 
ereignty and  laws  are  founded.  The  laws,  as  I  have 
said  before,  are  only  the  sum  of  the  smallest  portions 
of  the  private  liberty  of  each  individual,  and  represent 
the  general  will,  which  is  the  aggregate  of  that  of  each 
individual.  Did  any  one  ever  give  to  others  the  right 
of  taking  away  his  life?  Is  it  possible  that  in  the 
smallest  portions  of  the  liberty  of  each,  sacrificed  to 
the  good  of  the  public,  can  be  contained  the  greatest 
of  all  goods,  life  1  If  it  were  so,  how  shall  it  be  recon- 
ciled to  the  maxim  which  tells  us,  that  a  man  has  no 
right  to  kill  himself?  which  he  certainly  must  have, 
if  he  could  give  it  away  to  another.' 

'  The  case  of  a  civil  ruler  and  his  subject,'  says  the 
author  of  the  essays  of  Philanthropos,  '  is  much  like 
that  of  a  father  and  his  minor  son.  If  the  son  behave 
himself  unseemly,  the  father  may  correct  him.  If, 
after  all  due  admonition  and  corrections,  the  son  shall 
prove  to  be  incorrigible,  the  father  may  expel  him  from 
his  family ;  and  he  may  disinherit  him ;  but  he  must 
not  kill  him.  All  civil  governments  originated  in  fami- 
lies. The  father  of  the  family  had  a  natural  right  of 
jurisdiction  over  his  descendants,  and  an  acquired  right 
on  account  of  the  support  and  protection  afibrded  them 
during  their  infancy  and  childhood ;  and,  by  the  alh- 
ance  or  union  of  many  families,  it  became  national. 
But  the  stream  cannot  rise  higher  than  the  fountain. 
If  no  father  have  the  right  to  inflict  the  punishment  of 


Zi  SACREDNESS  OF  HUMAN  LIFE. 

death  on  his  minor  son  for  any  crime,  then  a  million  of 
fathers  would  have  no  right,  by  themselves  or  their 
representatives,  to  do  it.  In  such  case,  numbers,  power, 
and  substitution,  considered  either  severally  or  jointly, 
cannot  create  or  increase  a  right.  And  I  humbly  con- 
ceive that  the  rightful  jurisdiction  of  the  civil  magis- 
trate over  any  member  of  the  community  never  can 
rise  higher  than  that  of  a  father  over  his  son  during 
his  minority.' 

'We  maintain,'  says  Professor  Upham,  'that  the 
state,  in  inflicting  Capital  Punishments,  exercises  a 
power  which  was  never  granted  it.  And  for  this  sim- 
ple reason,  that  individuals,  who  are  the  source  of  all 
the  authority  lodged  in  the  state,  have  no  power  to 
grant  it.  No  man  can  gratit  to  another  what  he  does 
not  possess  himself;  and  as  no  man  has  the  right  to 
take  away  his  own  life,  (a  principle,  upon  which  wri- 
ters on  moral  philosophy,  and  mankind  generally,  are 
more  universally  agreed  than  upon  almost  any  other,) 
it  follows  that  no  man  has  the  right  to  authorize 
another  to  take  away  his  life.  So  that  the  infliction  of 
Capital  Punishments,  examining  the  subject  in  this 
direction,  is  undoubtedly  to  be  regarded  as  usurpation 
and  tyranny.' 

We  have  thus  looked  at  one  side  of  our  subject. 
We  present  now  the  views  of  a  writer  who  takes  the 
ground  that  society  has  the  right  to  take  life : 

'It  is  said,'  he  observes,  ' by  some  writers  on  this 
subject,  that  no  man  has  yielded  to  others,  or  to  the 
government  under  which  he  lives,  the  right  to  take 
away  his  life ;  that  it  is  a  measure  of  legal  violence, 
and  not  the  act  of  his  own  consent  or  free  will ;  that  it 
usurps  the  prerogative  of  Heaven.  Stretch  the  princi- 
ple a  little  farther,  and  allow  us  to  ask  in  return. 


SACREDNESS  OF  HUMAN  LIFE.  Sl6 

whether  any  villain  ever  gave  up  of  his  own  free  will 
the  right  to  imprison  him,  or  to  confiscate  his  property ; 
and  the  argument,  thus  carried  to  its  full  extent,  anni- 
hilates every  species  of  punishment.  But  the  laws, 
the  government,  do  not  ask  his  consent.  Their  only 
query  is,  Does  the  safety  of  the  public  call  for  a  capital 
sentence  1  If  it  does,  they  pronounce  it ;  if  it  does  not, 
his  life  is  spared.' =* 

It  would  seem,  by  this  reasoning,  that  we  are  wholly 
to  be  governed  by  expediency,  one  of  the  most  dan- 
gerous principles  ever  adopted  in  moral  philosophy. 
'When  the  advocates  of  sanguinary  examples  are 
driven  from  every  position  of  morality,  reason,  and 
religion,  they  entrench  themselves  behind  that  of  expe- 
diency. But  expediency  was  the  doctrine  of  Pilate, 
who,  on  that  principle,  which  is  so  much  in  accept- 
ance among  modern  statesmen,  put  one,  in  whom  he 
"  found  no  fault,"  to  death,  in  preference  to  the  mur- 
derer Barabbas.  There  is  no  crime  in  statesmanship, 
no  vice  in  legislation,  no  error  in  the  administration  of 
justice,  that  ^^ expediency ^^  cannot  sanction!  It  is  the 
doctrine  invented  by  knaves  to  impose  upon  fools. 
When  men  abandon  the  immutable  principles  that 
distinguish  right  from  wrong,  and  tell  us  that  it  is  expe- 
dient to  do  a  thing  which  it  is  not  right  to  do,  we  think 
very  contemptuously  of  such  men's  understandings,  or 
very  unfavorably  of  their  hearts:  for  either  folly  or 
dishonesty  is  the  source  of  their  actions.' 

'  The  question  then  returns,— where  does  society  get 
its  right  of  putting  men  to  death  1  And  the  answer  is. 
Nowhere.  This  pernicious  system  is  to  be  regarded  as 
one  of  the  thousand  usurpations,  that  have  been  intro- 

*  Christian  Spectator,  Sept.,  1830~p.  509 
3 


20  SACREDNESS  OP  HUMAN  LIFE. 

duced  by  mistake  or  by  cruelty,  and  which  are  ren- 
dered venerable  and  sacred  by  lapse  of  time.  Like  the 
use  of  the  rack,  the  trial  by  ordeal,  the  enslavement  or 
destruction  of  prisoners  taken  in  war,  the  poisoning  of 
wells  and  fountains,  and  other  pernicious  and  unlaw- 
ful practices,  which  were  once  authorized,  and  per- 
haps considered  essential  to  the  existence  of  society, 
the  time  is  coming,  when  it  will  be  condemned  by  the 
good  judgment  and  the  humane  feelings  of  mankind, 
and  wholly  renounced  as  both  inexpedient  and  wrong.' 
We  sincerely  believe  that  the  only  doctrine  that  will 
ever  secure  to  man  his  just  rights,  will  be  that  of  the 
Inviolability  of  Human  Life.  We  must  begin  here. 
When  this  is  once  felt  and  understood,  we  may  expect 
an  end  to  tyranny  and  oppression  throughout  the  world. 
Life  is  sacred.  It  belongs  to  Him  who  gave  it.  It  is 
in  the  hands  of  its  Author.  The  voice  of  God  has  sent 
forth  his  perpetual  and  universal  mandate.  'Thou 
SHALT  NOT  KILL.'  This  voicc  speaks  from  the  very 
depths  of  our  natures,  '  Thou  shalt  not  kill  ! '  That 
strange  union  of  spirit  and  body  which  composes  this 
fearful  and  unfathomable  mystery  of  our  humanity  is 
not  to  be  severed,  neither  by  the  hand  of  a  human 
government,  nor  by  the  hand  of  the  individual ;  '■for  in 
the  image  of  God  made  He  mariJ  And  that  image 
must  not  be  marred.  It  must  be  respected,  and  ten- 
derly treated,  even  in  the  murderer's  own  person, 
though  he  be  crimsoned  over  with  blood.  '  Ah ! ' 
exclaims  M.  Lucas,  'the  best  means  of  recalling  to 
the  guilty  culprit  the  sense  of  the  sacred  character  of 
the  duty  he  has  violated,  is  it  not  to  respect  it  in  his 
own  person  ?  .  .  .  .  When  he  shall  behold  the 
society  abstaining  from  putting  him  to  death — ^him,  the 
murderer — he  will  then  comprehend  that  man  is  indeed 


SACREDNESS  OP  HUMAN  LIFE.  2t 

forbidden  to  attack  the  life  of  his  fellow-man,  and  then 
alone  will  he  conceive  the  thought  of  all  the  sanctity 
of  the  duty  he  has  violated,  all  the  enormity  of  the 
crime  he  has  committed.' 

'  Let  the  idea  of  crime,  horrible  crime,'  says  Mr. 
Rantoul,  in  his  report  to  the  Massachusetts  Legislature, 
in  February,  1836,  'be  indissoliibly  and  universally 
associated  with  the  voluntary  and  deliberate  destruc- 
tion of  life  under  whatever  pretext.  Whoever  strength- 
ens this  association  in  the  public  mind,  does  more  to 
prevent  murders  than  any  punishment,  with  whatever 
aggravation  of  torture,  can  effect  through  fear.  The 
denomination  of  Friends  have  always  been  educated 
in  this  idea,  and  among  them  murders  are  unknown. 
The  strongest  safeguard  of  life  is  its  sanctity ;  and  this 
sentiment  every  execution  diminishes.' 

We  rejoice  to  find  that  we  are  not  alone  on  this  sub- 
ject. A  glorious  company  is  rising  up  in  different  por- 
tions of  the  civilized  world,  whose  talents  and  virtues 
will  adorn  this  great  doctrine,  and  hasten  its  establish- 
ment throughout  the  habitable  globe. 

'  For  the  honor  of  humanity  it  can  be  said,  that  in 
every  age  and  country,  there  have  been  found  persons 
in  whom  uncorrupted  nature  has  triumphed  over  cus- 
tom and  law.  Else  why  do  we  hear  of  houses  being 
abandoned  near  to  places  of  public  execution  7  Why 
do  we  see  doors  and  windows  shut,  the  days  and  hours 
of  criminal  executions  1  Why  do  we  hear  of  aid  being 
secretly  afforded  to  criminals  to  mitigate  or  elude  the 
severity  of  their  punishments'?  Why  is  the  public 
executioner  of  the  law  a  subject  of  such  general  detesta- 
tion 1  These  things  are  latent  struggles  of  reason,  or 
rather  the  secret  voice  of  God  himself,  speaking  in  the 


28  SACREDNESS  OF  HUMAN  LIFE. 

human  heart,  against  the  folly  and  cruelty  of  pubUc 
punishments.'* 

Let  philanthropists  then  take  courage,  and  go  for- 
ward in  the  great  and  blessed  work  of  ameliorating  the 
condition  of  the  criminal,  by  doing  away  those  terrible 
punishments  which  have  only  brutalized  and  har- 
dened the  human  heart.  It  is  a  great  work,  and  for 
our  encouragement  we  have  the  words  of  the  Great 
Teacher.  '  Inasmuch  as  ye  have  done  it  unto  one  of 
the  least  of  these,  my  brethren,  ye  have  done  it  unto 
me.'f 

*  Essays,  Literary,  Moral  and  Philosophical.  By  Benjamin  Bush, 
M.  D.  p.  162,  Philadelphia,  1798.  The  writer  finds  this  language,  and 
that  of  the  motto  at  the  head  of  this  essay,  ascribed  by  some  writers  to 
Dr.  FranMia.  A  careful  examination  of  the  works  of  both  Bush  and 
Franklin  has  enabled  the  writer  to  discover  the  error.  There  is  but  a 
single  essay  in  Franklin's  works  on  penal  jurisprudence.  The  essay 
from  which  our  quotation  was  made,  was  read  at  a  society  for  promo- 
ting Political  Inquiries,  convened  at  the  house  of  Dr.  Franklin,  March 
9,  1787.  We  mention  this  fact,  because  we  find  that  even  Livingston 
himself  committed  the  error  to  which  we  have  alluded. 

t  Matt.  XXV.  40. 


E  S  S  A  Y  I  I. 

REVENGEFUL. 

Story  of  a  horsestealer — Punishment  and  revenge —  Confession  of  a 
magistrate — Reformation  of  a  boy  guilty  of  highway  robbery— 
Sympathy  for  the  degraded. 

'Government  has  not  been  slow  to  punish  crime,  nor  has  society 
suffered  for  want  of  dungeons  and  gibbets.  But  the  prevention  of 
crime,  and  the  reformation  of  the  offender,  have  nowhere  taken  rank 
among  the  first  objects  of  legislation.'  Channikg. 

Dr.  Franklin  relates  the  story  of  a  horse-stealer, 
who,  on  being  asked  by  his  judge  what  he  had  to  say 
why  sentence  of  death  should  not  be  passed,  replied, 
*  that  it  was  hard  to  hang  a  man  for  only  stealing 
a  horse.'  '  Man,'  replied  the  judge,  thou  art  not  to  be 
hanged  only  for  stealing  a  horse,  but  that  horses  may 
not  be  stolen.'  This  anecdote  shows  the  true  nature 
of  Capital  Punishment.  The  good  of  the  offender  is 
always  unthought  of  in  its  infliction.  One  great  object 
is  entirely  disregarded. 

It  may  be  said  of  our  penal  code  generally,  that  it  is 
rather  retrospective  than  prospective.  The  future  good 
of  the  criminal  is  not  considered.  The  idea  is  well 
expressed  in  our  motto,  by  Channing,  Our  prisons 
should  be  places  of  emendation ;  not  mere  gloomy  cells, 
but  hospitals  to  heal  the  moral  disorders  of  the  soul. 
Until  this  is  done,  we  cannot  expect  any  beneficial 
results  from  the  confinement  of  the  culprit. 

'  When  we  hear  of  the  perpetration  of  a  crime,  we  are 
too  apt  to  think  only  of  punishment.  What  suffering 
3# 


30  REVENGEFUL. 

can  be  too  great  for  such  a  wretch !  is  the  exclamation 
which  bursts  from  almost  every  lip.  The  sentiment  is 
worthy  of  the  unlovely  doctrines  which  produce  and 
cherish  it.  A  more  benevolent  system  would  excite  a 
different  feeling.  What  can  be  done  to  reclaim  the 
unhappy  offender?  What  means  can  be  taken  to 
enlighten  his  mind,  and  meliorate  his  heart?  What 
discipline  is  best  adapted  to  his  mental  and  moral  dis- 
order 1  What  will  lead  him  back  to  virtue  and  to  hap- 
piness most  speedily,  and  with  the  least  pain  1  Such 
is  the  feeling  of  the  mind  enlightened  by  the  generous 
doctrine  we  have  endeavored  to  establish.  Could 
it  but  enter  the  heart  of  every  legislator ;  did  it 
but  guide  the  hand  that  constructs  the  cell  of  the  poor 
captive ;  did  it  apportion  his  pallet  of  straw  and  his 
scanty  meal ;  did  it  determine  the  completeness  and 
the  duration  of  his  exclusion  from  the  light  of  day  and 
the  pure  breeze  of  heaven ;  did  it  apply  his  manacles, 
(if,  disdaining  to  treat  a  human  being  with  more  indig- 
nity than  is  practised  towards  the  most  savage  brutes, 
it  did  not  dash  his  chains  to  the  earth,)  what  a  dif- 
ferent aspect  would  these  miserable  mansions  soon 
assume  !  What  different  inhabitants  would  they  con- 
tain !  Prisons  would  not  then  be  the  hot-beds  of  vice, 
in  which  the  youthful  offender  grows  into  the  har- 
dened criminal,  and  the  want  of  shame  succeeds  the 
abolition  of  principle,  but  hospitals  of  the  mind,  in 
which  its  moral  disorder  is  removed  by  the  application 
of  effectual  remedies.' 

That  Capital  Punishment  has  no  good  moral  effect 
by  way  of  example,  will  be  shown  in  the  essay  on  the 
Influence  of  Public  Executions. 

A  very  able  writer  has  given  us  the  following  defi- 
nitions of  punishment  and  revenge.     According  to  his 


REVENGEFUL.  31 

reasoning,  both  bear  the  following  definition: — 'The 
infliction  of  pain  in  consequence  of  the  violation  or 
neglect  of  duty.'  The  question  then  arises,  where 
is  the  difference  7  '  The  real  difference  consists  not  in 
the  pain  and  suffering  endured,  nor  in  the  person  or 
law  that  inflicts  it,  but  in  the  motive  with  which  it  is 
administered.'  '  Punishment  is  prospective,  referring 
to  future  consequences ;  but  revenge  is  retrospective, 
having  reference  only  to  a  past  offence.' 

Punishment  by  death  originated  among  savages. 
Among  them,  however,  it  was  called  by  its  right  name, 
revenge.  '  In  the  savage  state,  the  murderer  is  con- 
sidered the  lawful  prey  of  any  relative  or  friend  of  the 
slain,  who  may  please  to  take  revenge ;  but  the  com- 
munity takes  no  part  in  the  transaction.'  Now,  society 
pursues  the  murderer  for  the  same  object.  Revenge  is 
still  the  same,  whether  inflicted  by  the  hand  of  the 
savage,  or  by  the  most  enlightened  government. 

The  great  object  seems  to  be  to  inflict  evil  merely 
because  an  evil  has  taken  place.  We  do  not  say  that 
all  view  the  matter  in  this  light,  but  that  the  commu- 
nity do  generally.  For,  what  are  the  expressions  that 
we  hear  when  persons  are  convicted  for  murder? 
'  Hang  them  !  they  deserve  it !  They  did  not  spare — 
let  them  not  be  spared  !  Let  them  die  ! '  '  Die  and  be 
damned,'  was  the  recent  answer  of  one.  '  To  say,  as 
some  do,  that  we  have  a  right  to  take  away  the  life  of 
a  human  being,  because  he  or  she  hath  taken  away  the 
life  of  another,  is  a  fallacious  mode  of  reasoning.  It 
appears  like  justifying  one  crime  by  another.  It  is 
comparing  ourselves  with  ourselves ;  not  with  the  law  of 
God,  which  is  the  standard  of  moral  rectitude.  Let  us 
apply  this  sophistical  mode  of  reasoning  to  some  of  the 
other  commandments,  say  the  eighth,  ninth,  and  tenth. 


33  REVENGEFUL. 

Have  we  a  right  to  steal  from  one  who  hath  been 
guilty  of  theft  ?  Have  we  a  right  to  bear  false  witness 
against  one  who  hath  been  guilty  of  perjury  ?  Or  to 
covet  the  goods  of  one  who  hath  coveted  the  goods  of 
his  neighbor  ?  In  this  way  we  might  make  void,  not 
only  the  sixth  commandment,  but  also  all  the  rest 
which  respect  the  duty  of  man  to  man.  By  these  com- 
mandments all  theft,  all  perjury,  all  covetousness,  and 
all  shedding  of  human  blood,  are  expressly  forbidden ! 
If  the  sixth  commandment  had  said,  "  Thou  shalt  not 
kill,  except  it  be  one  who  hath  killed  another, ^^  or  words 
to  that  effect,  it  would  have  given  some  colorable 
right  to  take  away  the  life  of  the  murderer.  But  as  it 
now  stands,  and  will  forever  stand,  it  gives  no  such 
right.  The  badness  of  the  character  of  the  criminal 
will  not  justify  the  violation  of  the  commandment  by 
others.  The  prohibition  is  peremptory,  decisive,  uni- 
versal, and  unconditional.' 

'  The  just  vengeance  of  the  law,'  is  an  expression 
which  shows  the  real  character  of  Capital  Punishment. 
When  presented,  however,  in  its  real  import,  it  is  gen- 
erally disclaimed.  Mr.  O'Sullivan,  speaking  on  this 
subject,  says,  '  Evil  in  its  nature,  this  spirit  of  revenge 
which  lies  at  the  root  of  our  laws  of  Capital  Punish- 
ment, is,  however,  the  fruitful  source  of  abundant 
retributive  evil,  in  its  eventual  consequences,  to  those 
themselves  who  yield  to  its  indulgence.  Thus  is  it 
ever,  by  an  eternal  and  universal  moral  law  which  has 
no  less  certain  applicability  to  societies  than  to  indi- 
viduals. The  suicidal  reaction  of  these  laws  back  on 
the  community  which  frames  and  enforces  them — by 
desecrating  the  idea  of  the  inviolable  sanctity  of  human 
life — by  weakening  the  force  of  that  instinct  against 
the  wilful  shedding  of  the  blood  of  our  fellow-man, 


REVENGEFUL.  38 

which  is  the  strongest  safeguard  to  the  personal  secu- 
rity of  us  all — by  sanctioning  and  suggesting  the  inflic- 
tion of  death  as  a  rightful  punishment  for  human 
offences — by  demoralizing  the  public  heart,  and  famil- 
iarizing it  with  the  idea  of  these  cold,  formal,  and 
deliberate  judicial  murders — by  setting  such  a  high 
social  example  of  the  indulgence  of  revenge  in  this 
world,  and  of  comparative  indifference  to  the  too  proba- 
ble fate  of  the  human  soul  in  the  next — has  been,  it  is 
believed,  sufficiently  shown,  to  claim  from  all  the 
recognition  of  the  high  moral,  of  which  these  evil  fruits 
from  evil  seed  afford  so  signal  an  illustration.' 

*  It  is  from  an  abuse  of  language,'  says  Eden  on  the 
Principles  of  Penal  Law, '  that  we  apply  the  word  pun- 
ishment to  human  institutions.  Vengeance  belongeth 
not  to  man.' 

But  the  best  proof  to  show  that  Capital  Punishment 
is  revengeful  is  the  admission  of  a  magistrate  to  Mr. 
Livingston.  '  He  acceded  to  the  propriety  of  the  pro- 
posed reform,  in  all  cases  but  murder;  which  he 
excepted  on  the  ground  of  the  difficulty  of  keeping  the 
offender,  and  the  severity  of  the  substitute  of  solitary 
confinement.  But  when  these  two  objections  had  been 
satisfactorily  answered,  he  replied  by  one  of  the  usual 
exclamations  by  which  some  men — with  what  is  far 
worse  than  merely  a  shocking  levity,  heartlessness,  and 
irreflection — are  wont  to  dismiss  the  subject,  that  the 
murderer  deserves  death  !  and  blood  must  be  shed  for 
blood  !  and  added,  very  frankly,  "  I  must  confess  that 
there  is  some  little  feeling  of  revenge  at  the  bottom  of 
my  opinion  on  the  subject."  'If  all  other  reasoners,' 
adds  Mr.  Livingston,  '  were  equally  candid,  there 
would  be  less  difficulty  in  establishing  true  doctrines.' 
*  Passion  first  made  revengeful  laws,  and  revenge  once 


34  REVENGEFUL. 

incorporated  with  the  system  of  justice,  re-produced  its 
own  image,  after  passion  had  expired.' 

More  might  be  added  in  proof  of  the  revengeful 
nature  of  Capital  Punishment,  but  it  would  be  unne- 
cessary. It  must  be  seen  that  the  reformation  of  the 
ojSender  is  entirely  overlooked.  And,  in  all  penal 
inflictions,  this  should  be  a  great,  a  paramount  object ; 
and  when  once  the  true  idea  of  the  Inviolability  of 
Human  Life  is  seen  and  understood,  the  life  of  even 
the  most  abandoned  will  be  preserved,  and  society, 
instead  of  cutting  off  the  offender,  will  endeavor  to 
ameliorate  his  condition,  and  restore  him  to  commu- 
nity. 

What  a  noble  work !  And  that  it  may  be  accom- 
plished, will  be  seen  by  the  illustrations  of  kind- 
ness which  may  be  found  at  the  close  of  the  present 
volume.  Mr.  Rantoul  gives  an  instance  of  a  boy,  who 
was  convicted  of  highway  robbery.  '  He  was  con- 
victed and  sentenced  to  death,  but,  in  consideration 
of  his  age,  and  other  circumstances,  his  sentence  was 
commuted  to  imprisonment  for  life.  In  the  State 
prison  he  became  a  good  boy,  and  was  pardoned,  and 
restored  to  society,  to  virtue  and  to  usefulness.  He 
acquired  a  good  reputation  in  the  neighborhood  where 
he  lived,  and  died  a  Christian  death  among  his  friends, 
in  March,  1835.' 

'  It  has  been  said,  but  it  is  the  language  of  unreflect- 
ing levity,  that  the  criminal  convicted  of  a  capital 
offence,  under  our  laws,  is  generally  depraved  and 
worthless,  and  that,  therefore,  the  sacrifice  of  a  few 
such  lives  is  of  very  little  consequence  to  society, 
and  it  is  not  an  object  fit  to  engage  the  attention  of 
the  government  of  a  great  state,  even  if  these  laws 
might  be  repealed   without   injury.     It  is  impossible 


REVENGEFUL.  35 

that  any  legislator  can  entertain  so  inhuman  a  sen- 
timent. Felons,  however  fallen,  still  are  men,  and 
have  the  better  title  to  commiseration  the  more  deeply 
they  are  sunk  in  guilt.  If  these  wretches  were  princes, 
says  Goldsmith,  there  would  be  thousands  ready  to 
offer  their  ministry ;  but  the  heart  that  is  buried  in  a 
dungeon  is  as  precious  as  that  seated  on  a  throne. 
Suppose  that  one  only  may  be  caught  up  from  the  gulf 
of  vice,  misery  and  perdition,  and  restored  to  repent- 
ance, virtue  and  usefulness,  this  would  be  gain  enough 
to  reward  all  the  exertions  that  may  be  made  to  effect 
the  reform,  for  there  is  upon  earth  no  gem  so  precious 
as  the  human  soul.'* 


*  See  Reports  on  the  Abolition  of  Capital  Punishment,  by  Mr.  Ban- 
TOtTL  and  others.  Reprinted  by  order  of  the  House  of  Representatives^ 
from  the  Documents  of  1835  and  1836. 


ESSAY   III. 

SCRUPLES  OF  JURORS  AND  WITNESSES. 

Low  defeats  itself- — Facts  in  England — Lord  Brougham's  speech- 
Petitions  of  jurors  and  merchants — Testimony  of  Blackstone — 
Anecdote  of  a  juryman — Incident  of  a  jury  in  Plymouth,  Mass. 

'  "Witnesses  are  unwilling  to  testify,  and  jurors  are  unwilling  to  con- 
vict, where  the  sentence  is  death.'  Upham. 

We  have  met  with  a  great  many  facts,  showing  the 
difficulty  of  procuring  correct  verdicts  where  the  pen- 
alty was  death,  not  only  with  reference  to  jurors,  but 
to  witnesses.  '  The  severity  of  this  law  totally  defeats 
its  object.  Often  is  there  strong  evidence  in  the  neigh- 
borhood where  a  conflagration  has  occurred,  showing 
that  it  was  designedly  kindled,  and  tending  to  fix  the 
charge  upon  the  incendiary.  Yet  no  complaint  is 
made,  no  investigation  takes  place,  because  the  hang- 
ing, if  it  should  end  in  that,  would  be  a  greater  evil 
than  the  fire.  When  a  trial  is  had,  which  but  seldom 
occurs,  all  possible  latitude  is  given  to  the  circum- 
stances which  will  take  the  case  out  of  the  present 
narrow  limits  of  arson.  From  these  and  some  other 
causes,  the  law  is  practically  obsolete;  for,  of  the  many 
thousand  instances  of  arson  committed  in  the  last 
thirty  years,  within  this  state,  only  one  has  been  pun- 
ished according  to  law.'  As  this  essay  needs  no  ab- 
stract view,  we  shall  confine  ourselves  to  the  simple 
facts  in  the  case. 

'  In  England,  cases  like  the  following  often  occur  in 
trials  for  crimes  not  capital  among  us,  but  which  serve 


SCRUPLES  OP  JURORS  AND  WITNESSES.  37 

to  illustrate  the  effect  of  the  motives  alluded  to  upon 
the  minds  of  jurors.  A  woman  was  indicted  for  steal- 
ing, in  a  dwelling-house,  two  guineas,  two  half 
guineas,  and  forty-four  shillings  in  other  money.  She 
confessed  the  stealing  of  the  money,  and  the  jury  found 
her  guilty ;  but,  as  the  stealing  of  such  a  sum  would 
be  punishable  with  death,  they  found  the  value  of  the 
money  to  be  thirty-nine  shillings  only,  which  saved 
her  from  the  sentence  of  death.  Another  female  was 
indicted  for  stealing  lace,  for  which  she  refused  to  take 
eight  guineas,  offering  it  for  sale  for  twelve.  The  jury 
who  convicted  her  of  the  theft,  found  the  lace  to  be 
worth  thirty-nine  shillings.  Two  persons  indicted  for 
stealing  the  same  goods  privately  in  a  shop,  five  shil- 
lings stolen  in  this  manner  making  the  offence  capital, 
one  of  the  prisoners  was  found  guilty  of  thus  stealing 
to  the  value  of  five  shillings,  and  the  other  to  the  value 
of  four  shillings  and  ten  pence.' 

Lord  SuFFiELD,  speaking  on  this  subject  in  England, 
offered  the  following  facts : 

He  held  in  his  hand,  he  said,  a  list  of  five  hundred  and  fifty- 
five  perjured  verdicts,  delivered  at  the  Old  Bailey,  in  fifteen  years, 
beginning  with  the  year  1814,  for  the  single  offence  of  stealing  from 
dwellings,  the  value  stolen  being  in  these  cases  sworn  above  forty 
shillings,  but  the  verdicts  returned  being  '  to  the  value  of  thirty-nine 
shillings''  only.  If  required,  he  would  produce  the  name  of  every 
one  of  these  five  hundred  and  fifty-five  convicts,  and  show  the  value 
proved  to  have  been  stolen.  It  deserved  remark,  that  when  the 
legislature  raised  the  capital  indictment  to  five  pounds,  in  June, 
1827,  the  juries  at  the  soTne  time  raised  their  verdicts  to  four  pounds 
nineteen  shillings ;  thus  still  keeping  it  low  enough  to  save  the 
offender's  life.  This  had  happened  under  the  one  head  of  stealing 
from  dwelling  houses.* 

*  See  Selections  from  the  London  Morning  Herald,  vol  i.  p.  280. 

4 


38  SCRUPLES  OP  JURORS 

One  of  the  last  acts  by  Mr.  Brougham,  as  a  com- 
moner, was  to  present  this  very  subject.  The  followmg 
is  his  speech,  taken  from  the  London  Times :  '  Mr. 
Brougham  said  he  had  a  petition  to  present,  which  he 
felt  greatly  honored  by  having  been  entrusted  with, 
and  to  which  he  begged  the  particular  attention  of 
the  House.  The  petition,  which  was  very  ably  and 
clearly  expressed,  prayed  for  the  abolition  of  the  pun- 
ishment of  death  for  offences  unattended  by  violence ; 
and  that  a  distinction  might  be  drawn  in  our  criminal 
laws  between  such  offences,  and  offences  which  were 
marked  by  bloodshed  or  acts  of  violence.  The  petition 
came  from  householders  of  the  city  of  London,  who 
were  liable  to  serve  on  grand  juries.  It  was  signed  by 
many  who  had  served,  and  by  no  less  than  six  persons 
who  had  been  foremen  of  grand  juries  {at  the  Old 
Bailey)  last  year.    It  was  worthy  of  the  attention  of  the 

And  in  the  same  excellent  work,  vol.  i.  p.  27,  we  find  the  follow'ing  anec- 
dote : — '  Some  years  ago,  a  man  was  tried  at  Carnarvon  for  forger}'  to 
a  large  amount  on  the  Bank  of  England.  The  evidence  was  as  satis- 
factory of  the  guilt  of  the  prisoner  as  possible,  and  brought  the  charge 
clearly  home  to  him.  The  jury,  however,  acquitted  him.  The  next 
day,  the  same  individual  was  tried  on  another  indictment  for  forgery. 
Although  the  evidence  in  this  case  was  as  conclusive  as  in  the  for- 
mer one,  the  jury  acquitted  the  prisoner.  The  Judge  (Chief  Baron 
Richards,)  in  addressing  the  prisoner,  expressed  himself  in  these 
remarkable  words:  "Prisoner  at  the  bar — although  you  have  been 
acquitted  by  a  jury  of  your  countrymen  of  the  crime  of  forgery,  I  am 
as  convinced  of  )'our  guilt  as  that  two  and  two  make  four."  A  short 
time  after  the  conclusion  of  the  sessions,  I  met  with  one  of  the  jury- 
men, and  expressed  to  him  my  surprise  at  the  acquittal  of  the  man 
who  had  been  tried  for  forgery.  He  immediately  answered  me  in  the 
following  words  :  "  Neither  my  fellow-jurymen  nor  myself  had  the 
least  doubt  of  the  prisoner's  guilt ;  but  we  were  unwilling  to  bring  in 
a  verdict  of  guilty,  because  we  were  aware  the  prisoner  would  have 
been  punished  with  death — a  penalty  which  we  conceived  to  be  too 
severe  for  the  offence."  ' 


A]\'D  WITNESSES.  39 

House,  on  account  of  the  reasons  it  contained,  but  more 
especially  on  account  of  the  authority  of  the  petitioners ; 
for,  who  were  so  competent  to  speak  of  the  scruples  of 
jiirors,  as  they  who  had  felt  those  scruples  ? '  The 
petition  was  signed  not  only  by  jurors,  but  by  eleven 
hundred  merchants,  &x;.,  who  had  served  as  jurors, 
or  were  eligible.  His  Royal  Highness,  the  Duke  of 
Sussex,  in  presenting  it,  said,  '  When  we  see  ninety- 
one  names,  on  the  first  skin  of  the  petition,  of  mer- 
chants and  others,  whose  annual  returns  in  trade 
amount  to  no  less  a  sum  than  ten  millions  sterling, 
I  think  I  have  stated^  to  your  lordships  sufficient  to  con- 
vince you  that  this  petition  is  entitled  to  great  consid- 
eration and  respect.  These  respectable  persons  state 
to  your  lordships  their  own  private  feelings,  and  the 
situation  to  which  they  are  frequently  reduced  in  ful- 
filling their  painful  duties.'  The  following  extracts 
will  express  their  views : — 

The  petitioners  view  with  deep  regret  the  excessive  and  indis- 
criminate severity  of  the  Criminal  Laws,  which  annex  to  offences 
of  different  degrees  of  moral  guilt  the  punishment  of  death,  and  con- 
found the  simple  invasion  of  the  rights  of  property  with  the  most 
malignant  and  atrocious  crimes  against  the  person  and  the  life  of 
man. 

Your  petitioners,  as  bankers,  are  deeply  interested  in  the  pro- 
tection of  property  from  forgery,  and  in  the  conviction  and  punish- 
ment of  persons  guilty  of  this  crime — that  your  petitioners  find,  by 
experience,  that  the  infliction  o(  death,  ox  even  the  probability  of  the 
infliction  of  death,  -prevents  the  prosecution,  conviction,  and  punish- 
ment of  the  criminal,  and  thus  endangers  the  property  which  it  was 
intended  to  protect — that  your  petitioners  therefore  pray  that  your 
Honorable  House  will  not  withhold  from  them  that  protection  which 
they  would  derive  from  a  more  lenient  law.* 

*  '  A  banker  said  that  his  name  had  been  forged  as  the  acceptor  of 
a  bill  of  exchange  ;  and  that,  recollecting  the  severity  of  the  law,  rather 


40  SCRUPLES  OF  JURORS 

In  all  criminal  cases,  the  maxim  of  the  constitution 
of  England  is,  that  jurors  are  judges  both  of  the  law 
and  the  fact. 

The  petitioners  go  on  to  say. 

That,  in  the  present  state  of  the  law,  juries  feel  extremely  reluc- 
tant to  convict,  where  the  penal  consequences  of  the  offence  excite 
a  conscientious  horror  on  their  minds,  lest  the  rigorous  performance 
of  their  duties  as  jurors  should  make  them  accessory  to  judicial 
murder.  Hence,  in  courts  of  justice,  a  most  unnecessary  and  pain- 
ful struggle  is  occasioned  by  the  conflict  of  the  feelings  of  a  just 
humanity  with  the  sense  of  the  obligation  of  an  oath. 

In  this  petition  we  learn  another  fact  respecting  the 
reluctance  of  witnesses : 

That  witnesses  also  are  very  frequently  reluctant  to  give  evi- 
dence, lest  they  might  bring  upon  their  consciences  the  stain  of 
blood ;  and  thus  criminals,  who,  under  a  more  rational  and  consid- 
erate code  of  laws,  would  meet  the  punishment  due  to  their  crimes, 
escape  with  impunity !  For  these  and  other  reasons,  the  peti- 
tioners pray  that  the  House  may  take  the  criminal  laws  into  consid- 
eration, for  the  purpose  of  the  revision  and  amendment  of  the  same, 
by  drawing  a  distinction  between  the  simple  invasion  of  the  rights 
of  property  and  crimes  of  violence  and  blood,  and  by  abolishing  the 
penalty  of  death  in  all  cases  in  which  the  legislative  power  cannot 
justify,  in  the  eyes  of  God  and  man,  that  last  and  dreadful  alterna- 
tive— the  extermination  of  the  offender  !  * 

In  addition  to  this  testimony,  hear  the  language  of 

Sir  William  Blackstone,  about  seventy-five  years  ago : 

'  So  dreadful  a  list  f  (of  capital  punishments)  instead 

than  divulge  the  circumstance,  he  acTinowledged  the  acceptance  to  be  his, 
and  paid  the  7noney.' 

*  Selections  from  the  London  Morning  Herald,  vol.  i.  p.  79. 

■\  At  one  time,  according  to  Judge  Story,  England  presented  the 
dark  catalogue  of  one  hundred  and  sixty  capital  offences.  The  Selections 
from  the  London  Morning  Herald  say  two  hundred.     See  vol.  i.  p.  122. 


AND  WITNESSES.  41 

of  diminishing,  increases  the  number  of  offenders.  The 
injured,  through  compassion,  will  often  forbear  to  pros- 
ecute ;  juries,  through  compassion,  will  sometimes  for- 
get their  oaths,  and  either  acquit  the  guilty,  or  mitigate 
the  nature  of  the  oifence ;  and  judges,  through  compas- 
sion, will  respite  one  half  the  convicts,  and  recommend 
them  to  the  royal  mercy.  Among  so  many  chances  of 
escaping,  the  needy  and  hardened  offender  overlooks 
the  multitude  that  suffer.  He  boldly  engages  in  some 
desperate  attempt  to  relieve  his  wants,  or  to  supply  his 
vices ;  and  if,  unexpectedly,  the  hand  of  justice  over- 
takes him,  he  deems  himself  peculiarly  unfortunate  in 
falling,  at  last,  a  sacrifice  to  those  laws  which  long 
impunity  had  taught  him  to  contemn.' 

Such  is  the  testimony  borne  by  this  great  and  learned 
judge,  to  the  evil  of  sanguinary  laws,  and  the  tempta- 
tions which  they  throw  in  the  way  to  commit  what  he 
elsewhere  calls  'pious  perjuries.'  And  if  men  are 
tempted  to  commit  '  pious  perjuries'  by  the  law,  the 
crime  is  with  those  who  make  it,  and  not  on  those  who 
pray  for  such  an  alteration  as  may  remove  that  tempta- 
tion forever.* 

*  'Observe  that  jur)^maii  in  a  blue  coat,'  said  one  of  the  judges  at 
the  Old  Bailey  to  Judge  Nares.  'Do  you  see  him?'  'Yes.'  'Well, 
there  will  be  no  conviction  of  death  to-day.'  And  the  observation  was 
confirmed  by  the  fact. — Works  of  Jeremy  Bentham,  vol.  i.  p.  450. 
Edinburgh;  1843. 

A  circumstance  which  shows  the  reluctance  of  jurors  to  bring  in 
verdicts  affecting  life,  happened  in  the  case  of  Isaac  Leavitt,  who  was 
tried  for  murder  in  Plymouth,  Mass.  The  jury  called  up  the  judge 
about  midnight,  to  know  if  they  could  enter  a  verdict  of  manslaughter. 
The  reply  was  in  the  negative.  They  then  agreed  to  bring  in  a  verdict 
of  murder,  but  unanimously  to  petition  the  executive  for  a  commuta- 
tion of  the  sentence  to  imprisonment,  which,  by  the  exertions  of  a  phi- 
lanthropist, whose  name  is  dear  to  the  writer,  was  afterwards  effected. 
4* 


ESSAY   IV. 

EFFECT  OF  PUBLIC  EXECUTIONS  UPON  THE  PRISONER 

Executions  of  Boyington — Robinson — A  pirate — Thvo  brothers— 
Thistlewood — Armstrong — Mary  Jones. 

'  Oh !  what  are  these, 


Death's  ministers,  not  men,  who  thus  deal  death 

Inhumanly  to  men,  and  multiply  ten  thousand  fold  the  sin  of  him  who 

slew 
His  brother ;  for  of  whom  such  massacre 
Make  they  but  of  their  brethren,  men  of  men  ? ' 

Paradise  Lost.    Book  xi.,  line  675. 

The  moral  effect  of  public  executions  may  be 
viewed  under  three  aspects  : 

I.  Upon  the  prisoner. 

II.  Upon  the  spectators. 

III.  Upon  domestic  life. 

It  will  be  seen,  even  by  the  most  superficial  reader, 
that  this  division  opens  a  wide  field,  and  that,  in  a 
work  lilte  the  present,  only  a  limited  view  can  be  pre- 
sented. 

One  would  naturally  suppose  that,  when  sentence 
of  death  was  pronounced  upon  a  criminal,  and  espe- 
cially when  preparation  was  making  for  its  execution, 
that  he  would  become  very  solemn,  and  that  his  heart 
would  be  opened  to  any  kindly  influences  that  might 
be  presented.  Facts  prove  the  contrary.  A  sort  of 
phrensy  seems  to  pervade  the  whole  mind ;  the  heart 
becomes  callous,  and  the  criminal  has  no  other  feeling 
than  that  of  revenge  against  that  community  by  whose 


EFFECT  OF  PUBLIC  EXECUTIONS.  43 

laws  he  has  been  condemned.  This  is  not  always  the 
case;  we  are  sometimes  told  that  the  prisoner  died 
penitent !  Monstrous  law !  At  the  very  moment,  then, 
when  reformation  has  commenced,  the  individual  is 
cruelly  put  to  death  !  What  should  we  think  of  the 
physician  who  should  recommend  that,  when  his  pa- 
tient began  to  recover,  he  should  be  murdered  1 

We  intend  to  confine  our  present  labor  to  a  consider- 
ation of  the  paralyzing  influence  of  executions  upon 
the  prisoner.  We  cannot  do  this  better  than  to  give 
a  few  practical  illustrations : 

EXECUTION    OF   EOYINGTON. 
[From  the  Mobile  Commercial  Advertiser.] 

He  walked  to  the  scaffold  with  a  firm  and  unwavering  step. 
His  whole  soul  had  been  steeled  and  nerved  up  till  the  min- 
isters of  the  law  commenced  robing  him  for  death,  and  fixing 
the  fatal  noose.  At  that  moment,  he  cowered,  and  sunk  into 
the  most  abject  desperation.  A  more  sudden  and  fearful  transi- 
tion, perhaps,  was  never  witnessed.  Is  there  no  hope  ?  Must 
I  die  ?  were  answered  in  the  solemn  negative.  The  blood  for- 
sook his  cheeks,  despair  was  written  in  awful  marks  upon  his 
ashy  features,  and  a  scene  of  horror  ensued  that  beggars  descrip- 
tion. He  dashed  from  the  foot  of  the  scaffold  among  the  military. 
But  he  was  easily  secured.  Then  followed  a  scene  of  horror,  which 
we  pray  may  find  no  parallel  hereafter  in  the  execution  of  the  laws. 
The  hopeless  agony  of  the  criminal  was  displayed  in  obstinate 
resistance  to  the  performance  of  the  necessary  duties  of  the  agents 
of  the  law  ;  and,  even  when  at  last  suspended  from  the  fatal  cord, 
his  desperate  clinging  to  the  life  he  had  forfeited,  was  shown  by 
struggles  to  free  his  arms  from  the  pinions,  and  clutching  at  the 
rope.  He  succeeded  in  thrusting  his  hands  between  the  rope  and 
his  throat,  and  thus,  resisting  and  struggling  to  the  last,  died 
despairing,  and,  for  aught  that  human  eye  could  see,  impenitent. 
The  last  five  minutes  of  his  life  were  marked  by  a  horror  of  dying, 
a  prostration  of  energies,  as  remarkable  as  the  sternness  of  nerve 
and  reckless  levity  of  carriage  which  had  signalized  him  during  the 


44        EFFECT  OF  PUBLIC  EXECUTIONS 

whole  of  the  trial,  and  in  the  interval  between  condemnation  and 
execution,  up  to  that  moment. 

Such  was  the  end  of  Charles  R.  S.  Boyington — a  dreadful  end 
of  a  bloody  tale.  The  horror  of  the  punishment  with  which  it 
closes,  compares  fitly,  in  tragic  intensity  of  interest,  with  the  ter- 
rible atrocity  of  the  crime.  The  victim,  a  gentle  and  confiding 
invalid,  fell  by  the  hand  of  an  assassin — that  assassin  his  professed 
friend — in  an  open  thoroughfare,  beneath  the  walls  of  the  grave- 
yard, the  busy  hum  of  human  voices  warning  him  of  the  neighbor 
hood  of  busy  life,  and  the  tombs  of  the  dead  speaking  to  the  mur 
derer  of  the  end  of  life — the  beginning  of  eternity.* 

SENTENCE     OF     PETER     ROBINSON,     AT     NEW     BRUNSWICK,     FOR     THB 
MURDER    OF    MR.    SUYDAM. 

[From  O'Sullivan's  Report  against  the  Punishment  of  Death.    N.  Y.,  1841.] 

After  his  sentence,  the  rush  was  tremendous  to  see 
him,  the  ladies  in  particular  !  Smiling  to  the  crowd, 
he  said  to  the  sheriff: 

'  Remember,  you  must  share  the  fees  with  me  that  you  get  for 
hanging  me.'  And  such  was  his  hardened  indifference,  to  the  last 
moment,  that,  after  he  was  ironed  and  locked  up  in  his  cell,  he 
said  to  the  jailor — '  As  f  am  a  carpenter,  I  think  I  ought  to  be 
employed  to  help  build  my  own  gallows,  and  I  could  make  my  own 
coffin,  and  give  my  wife  the  money.  All  I  ask  is  a  snug  platform 
and  a  strong  rope  ;  and  if  Jakey  Edmonds  goes  to  heaven,  I  don't 
want  to  go  there.     I  won't  have  a  d — d  priest  come  near  me.' 

The  court  ordered  that  his  wife  and  child  might  see  him,  at  all 
times  consistent  with  the  prisoner's  safety,  and  in  the  presence  of 
some  of  the  proper  authorities. 

Up  to  the  last  moment  he  jested. 

'  I  do  solemnly  believe,'  he  once  said,  '  that  I  shall  burst  out  a 
laughing  under  the  gallows.     Oh,  if  they  would  only  let  me  have 

*  It  was  subsequently  ascertained  that  Boyington  was  innocent ! 


UPON  THE  PRISONER.  46 

the  big  field  to  be  hung  in,  and  a  band  of  music, — I  'd  ask  no  more. 
When  asked  by  the  gentlemen  who  made  such  able  and  eloquent 
efforts  in  his  behalf  as  his  counsel,  how  he  thought  he  would  feel 
at  the  last  moment,  '  Well,'  said  he,  coolly,  '  I  've  tried  to  imagine 
how  I  should  feel  under  the  gallows,  but  I  know  how  I  shall  feel ; 
I  slmll  feel  pretty  much  the  same  as  I  do  now,  and  the  same  as  I 
did  in  the  court-house.  Did  n"t  I  look  the  judge  right  in  the  eye, 
then?  I've  always  felt  the  same  ;  my  feelings  haven't  changed, 
and  they  won't  change  ;  for  I  can't  realize  anything  so  very  dread- 
ful about  dying,  only  I  should  like  to  have  a  band  of  music,  the  big 
field,  and  twenty  thousand  spectators.'  '  I  hope,'  he  said  on 
one  occasion,  '  that  the  sheriff  won't  tickle  me  with  that  rope  ;  if 
he  does  I  shall  be  sure  to  laugh.  I  hope  he  '11  grease  the  rope,  so 
that  it  '11  come  well  down  under  my  ear,  and  then  put  a  fifty-six 
under,  on  to  my  feet,  and  so  pull  my  head  ofl'  at  one  jerk.'  On 
being  asked  whether  he  did  not  feel  sorry  that  he  had  killed  Mr. 
Suydam,  '  Yes,'  he  answered,  carelessly,  '  but  not  on  my  own 
account,  nor  on  his ;  but  I  feel  sorry  for  his  wife  and  children,' 

With  respect  to  his  state  of  preparation  for  the  eternity  into 
which  he  was  about  to  be  plunged,  the  following  extract  will  con- 
vey an  idea :  '  Here  the  jailer,  who  had  gone  out,  again  returned. 
Peter  cried  out,  "  Here,  Conover,  this  snow  storm  makes  it  dreary 
and  feel  cold ;  pile  on  the  coals,  make  the  stove  fire  red  hot ;  I  'm 
going  to  a  warm  place  in  the  next  world,  and  I  want  to  get  used  to 
it."  "  Peter,  Peter,"  said  the  jailer.  "  Oh,  well,"  said  Peter,  "  I 
know  I  must  put  on  a  sober  face,  because  we  're  going  to  have  a 
prayer  meeting  here  presently,  and  they  '11  ask  me  if  I  've  thought 
seriously  about  my  latter  end,  and  I  shall  say.  Oh,  yes ;  deeply ! 
deeply !"  '  On  being  told,  on  one  occasion,  that  he  ought  to  show 
less  levity,  and  be  thinking  of  more  serious  matters,  if  ever  he 
meant  to,  he  laughed,  and  said,  '  Oh,  you  know  I  've  got  four  days 
to  live  yet ;  and  the  parsons  tell  me  that  the  thief  on  the  cross  did  n't 
begin  to  repent  till  an  hour  before  he  died,  and  yet  he  went  to 
heaven,  they  say  ;  so  I  've  got  plenty  of  time.'  Oh  another  occa- 
sion, the  following  account  is  given  of  his  language  :  '  SomiS  cler- 
gymen went  in  to  see  him  this  afternoon,  and  after  he  had  told 
one  of  them  how  he  had  been  doing,  and  how  he  had  felt,  the  par- 
son told  him  that  if  that  was  all,  he  would  go  to  hell  for  all  that. 
Peter  became  very  indignant,  and  exclaimed,  "  Then  what  am  I  to 
do?     I  've  read  that  book — (pointing  to  the  Bible) — I  've  tried  to 


46  EFFECT  OF  PUBLIC   EXECUTIONS 

understand  it  as  far  as  my  humble  abilities  will  let  me ;  I  believe 
what  it  says  ;  I  've  confessed  my  crime  ;  I  've  confessed  that  I  've 
done  wrong  ;  and  1  've  prayed  to  God  to  forgive  me  for  it ;  and  I 
know  nobody  else  can  forgive  me  if  he  does  not ;  I  've  forgiven 
everybody  that  ever  did  me  wrong,  as  I  hope  to  be  forgiven  ;  I 
owe  nobody  any  ill-will  in  the  world  ;  I  have  no  hard  feeling  against 
a  human  being  ;  1  know  I  must  die  on  Friday  next ;  I  know  that 
the  sentence  is  just ;  1  've  suffered  too  much  poverty  and  misery  in 
this  life  to  care  very  much  about  leaving  it ;  I  know  I  'm  not  pro- 
perly prepared  to  die,  and  I  pray  to  God  to  prepare  me  before  I 
die;  1  believe  in  the  Bible,  and  I  believe  hi  God;  and  I  believe 
that  he  's  more  merciful  than  men  are.  And  if,  after  all  this,  I  am 
to  be  sent  to  hell,  why,  I  think  it 's  very  hard,  and  I  shoul  I  like  to 
know  what  I  am  to  do,  or  what  you  want  me  to  do.  At  any  rate, 
T  don't  want  any  of  your  prayers,  and  I  don't  want  you  to  come 
near  me  again.  And  if  heaven  be  such  a  place  as  this  Bible  tells 
me  it  is,  why,  I  'm  very  sure  that  you  won't  go  there,  and  that 
there  '11  be  very  few  like  you  to  be  found  in  any  part  of  it."  ' 

In  the  case  of  the  execution  of  Stephen  M.  Clarke, 
only  seventeen  years  of  age,  for  setting  fire  to  a  build- 
ing in  Newburyport,  it  was  found  necessary  to  force 
him  from  his  cell,  and  drag  him  to  the  scaffold,  amidst 
a  parade  of  soldiers  and  martial  music  !  How  dread- 
ful !  To  drag  a  fellow-being,  a  mere  youth,  flush  with 
life,  and  put  him  to  death  in  the  most  cruel  manner. 
Who  does  not  execrate  in  his  heart  those  laws  which 
require  such  a  horrid  spectacle  1 

The  law  knows  no  bounds  to  its  cruelty,  for  we 
have  an  account  of  the  execution  of  a  pirate,  in  Boston, 
even  after  his  attempt  to  commit  suicide.  It  appears 
that  he  had  been  narrowly  watched,  but  the  sheriff 
leaving  him  for  a  moment,  he  seized  the  opportunity, 
and  attempted  to  take  his  own  life.  But  so  barbarous 
and  stern  is  the  law,  that  life  must  be  taken  by  its  own 
ministers.  While  the  wound  was  flowing  fresh,  and 
while  life  was  almost  extinct,  he  was  taken  in  a  chair, 
placed  under  the  gallows,  and  cruelly  murdered  ! 


UPON  THE  PRISONER.  47 

EXECUTION    OF   TWO    BROTHERS — FATAL    ACCIDENT. 
From  proceedings  of  a  general  meeting  of  the  Howard  Society,  Dublin,  1 832 .  ] 

James  died  without  a  struggle — but,  melancholy  to  relate,  the 
rope  by  which  Alexander  was  suspended  broke,  and  he  was  pre- 
cipitated to  the  pavement,  a  distance  of  nearly  forty  feet.  He  fell 
with  the  side  of  his  head  on  his  own  coffin,  which  was  broken,  and 
rebounded  off  it  a  few  feet.  He  was  histantly  carried  in  (supposed 
to  be  dead)  by  two  officers  of  the  jaU.  The  executioner,  also 
dressed  in  white,  with  the  part  that  covered  his  face  daubed  over 
with  black,  by  the  assistance  of  a  ladder,  soon  put  another  and  a 
stronger  rope  over  the  block,  and  with  some  difficulty  again  raised 
the  drop — in  doing  which,  the  unfortunate  culprit,  then  suspended, 
was  pushed  as  much  as  possible,  to  the  one  side,  and  lowered  a 
little  farther.  In  about  twenty  minutes  from  the  time  he  fell,  to  the 
astonishment  of  the  assembled  multitude,  Alexander  again  appeared, 
and  walked  out  on  the  drop  more  firmly  than  before,  answering  to 
the  prayers  of  the  clergy.  He  took  his  place,  and  the  signal  being 
given,  the  drop  was  again  slipped,  but  rested  on  the  shoulder  of 
James,  who  was  again  pushed  aside,  and  Alexander  was  launched 
into  eternity,  but  not  suddenly.  The  board  slowly  moved  down, 
sliding  along  James's  body.  The  knot  of  the  rope  had  shifted 
round  under  the  chin  of  Alexander,  and  be  suffered  dreadfully  for 
several  minutes.  His  whole  body  was  convulsed  ;  during  the  stran- 
gulation he  several  times  put  his  feet  to  the  wall,  and  pushed  him- 
self from  it  with  great  force :  his  clothes  burst  open,  so  that  his 
naked  breast  was  seen  ;  and  the  cap  not  being  altogether  over  his 
face,  blood  was  seen  flowing  from  the  wound  which  he  had  received 
on  the  cheek  in  the  fall.  The  feelings  of  the  beholders  cannot  be 
described — they  were  most  agonizing.  At  length,  his  hands  fell — 
his  body  was  seen  to  stretch — and  he  hung  motionless  alongside  his 
brother.  After  hanging  the  usual  time,  they  were  cut  down,  and 
their  bodies  handed  over  for  dissection. 

EXECUTIOX    AND  DECAPITATION  OF  THISTLEWOOD  AND  FOUR  OTHERS, 
FOR    HIGH    TREASON. 

[From  the  same.] 

At  four  o'clock  in  the  morning,  a  number  of  persons  began  to 
assemble  near  Newgate.     Even  a  gitinea  was  given  for  a  near 


43        EFFECT  OF  PUBLIC  EXECUTIONS 

view !  When  Ings  stepped  upon  the  scaffold  he  tried  to  excite 
three  cheers  ;  he  set  the  example  himself,  and  tried  to  accompany 
his  voice  with  a  motion  of  his  arms  las  well  as  he  could  in  their 
pinioned  state,  but  this  melancholy  example  of  the  ill-regulated 
state  of  his  mind  in  the  awful  condition  in  which  he  was  placed,  had 
no  effect  upon  the  immense  multitude  present,  who  surveyed  the 
dreadful  spectacle  before  them  with  becoming  silence.  Ings  imme- 
diately followed  his  attempt  to  cheer  by  singing  aloud  the  two  first 
lines  of  the  popular  song  of  '  Give  me  death  or  liberty . ' 

EXECUTION    OF    ARMSTRONG,    HEARSON,    AND    BECK. 

[From  the  same.] 

*  *  *  Hearson ,  who  had  joined  with  great  fervor  in  all 
the  devotional  exercises  of  the  morning,  surprised  all  who  had  seen 
his  previous  conduct  by  the  manner  in  which  he  behaved  after 
mounting  the  scaffold.  He  took  his  cap  off  his  head,  waved  it  in  a 
sort  of  triumph,  and  began  to  dance  like  a  maniac  in  his  chains. 
He  recognized  some  individual  who  was  seated  on  a  housetop  oppo- 
site the  scaffold,  and  immediately  shouted  out,  '  Well  done,  Will, 
lad.'  A  person  in  the  crowd  said  to  him,  '  Good  by,  Curley,' 
addressing  him  by  the  name  by  which  he  was  known  in  pugilistic 
circles,  of  which  both  he  and  Armstrong  were  great  frequenters. 
This  address  set  him  to  dancing  again.  His  extraordinary  conduct 
at  this  crisis  of  his  fate  did  not  appear  to  arise  from  any  spirit  of 
bravado,  but  from  sudden  delirium.  He  then  turned  round  to  the 
hangman,  and  complained  that  he  had  not  an  inch  of  rope.  '  Give 
me  rope  enough,  that  I  may  the  sooner  be  out  of  misery.'  He 
then  burst  into  a  series  of  ejaculations  for  mercy  to  his  soul. 
Armstrong,  who  was  brought  last  upon  the  scaffold,  was  much 
distressed  on  seeing  the  frantic  gestures  of  Hearson.  He  said  to 
him,  '  None  of  that,  George  ;  it  is  not  sense  ;  I  must  say  that  I  am 
innocent,  because  I  am  so  ;  but  I  '11  have  none  of  this.'  He  was 
then  tied  up  to  the  beam.  About  ejght  minutes  were  consumed  in 
these  necessary  preparations.  Exactly  at  twenty  minutes  before 
twelve,  the  hangman  drew  their  caps  over  their  faces,  and  that 
ceremony  seemed  to  be  the  signal  for  a  thousand  voices  to  utter  the 
fearful  cry  of  '  Murder  !  '  and  of  '  Blood  !  ' 


UPON  THE  PRISONER.  49 

EXECUTION    OF    MARY    JONES. 
[From  the  same.] 

Mary  Jones  was  executed,  under  the  shoplifting  act;  it  was 
at  the  time  when  press-warrants  were  issued,  on  the  alarm  abJut 
Falkland  Islands.  The  ivomarCs  husband  icas  pressed,  their  goods 
seized  for  some  debt  of  his,  and  she,  ivith  two  small  children,  turned 
into  the  streets  a-begging.  'T  is  a  circumstance  not  to  be  forgotten, 
that  she  was  very  young,  (under  nineteen,)  and  most  remarkably 
handsome.  She  went  to  a  linen  draper's  shop,  took  some  coarse 
linen  off  the  counter,  and  slipped  it  under  her  cloak ;  the  shopman 
saw  her,  and  she  laid  it  down.  For  this  she  was  hanged.  Her 
defence  was,  '  that  she  had  lived  in  credit  and  wanted  for  nothing, 
till  a  press-gang  came  and  stole  her  husband  from  her ;  but  since 
then,  she  had  no  bed  to  lie  on;  nothing  to  give  her  children  to  eat; 
and  they  were  almost  naked;  and  perhaps  she  might  have  done  some- 
thing wrong,  for  she  hardly  knew  what  she  did.'  The  parish  offi- 
cers testified  the  truth  of  this  story ;  but  it  seems  there  had  been  a 
good  deal  of  shojdifting  about  Ludgate  :  an  example  was  thought 
necessary  ;  and  this  woman  was  hanged  for  the  comfort  and  satis- 
faction of  some  shopkeepers  in  Ludgate-street.  When  brought  to 
receive  sentence,  she  behaved  in  such  a  frantic  manner,  as  proved 
her  mind  to  be  in  a  distracted  and  desponding  state  ;  and  the  child 
was  suckijig  at  her  breast  when  she  set  out  for  Jh/burn  [gallows.^* 

We  have  not  presented  these  scenes  to  harrow  up 
the  mind  of  the  reader,  but  rather  to  show  the  influ- 
ence of  pubhc  executions  upon  the  criminal,  and  the 
multitudes  \vho  attend  such  scenes.  We  see  that  the 
poor  creatures  are  overwhelmed  with  their  fate — that 
they  are  not  led  to  view  their  death  in  a  solemn  man- 
ner, but  that,  in  most  mstances,  they  are  induced,  not- 
withstanding the  eflbrts  of  the  clergy,  to  treat  the 
whole  matter  in  a  most  trifling,  indiflerent  manner. 
'  Did  you  not  know,'  said  an  assassin  upon  the  wheel, 
■ 

*  Speech  of  the  Right  Honorable  Sir  William  Meredith,  Bart.,  in 
the  House  of  Commons,  May  13,  1777,  in  Committee,  on  a  Bill  creating 
a  new  capital  felony. 
5 


60  EFFECT  OF  PUBLIC  EXECUTIONS 

to  his  fellow-siifFerer,  when  groaning  with  agony,  '  we 
were  liable  to  one  disorder  more  than  another?'  One 
malefactor,  while  under  exhortation,  and  in  the  act  of 
being  pinioned,  said,  '  Look  to  your  own  sins,  gentle- 
men ;  you  have  all  enough  to  answer  for,'  addressing 
himself  to  those  around  him;  'mine  are  not  heavier 
than  your  own ;  and  if  they  should  be  found  so,  neither 
of  you  will  answer  for  them.'  In  this  temper  and  feel- 
ing he  coolly  walked  to  the  scaffold,  and  there  suffered 
the  last  penalty  of  the  law. 

But  let  us  hear  the  testimony  of  one  familiar  with 
prisoners.  He  says,  '  the  valuable  time  of  the  male- 
factor is  wholly  wasted  in  encouraging  vain  hopes 
of  pardon,  in  receiving  visits,  and  in  efforts  to  keep  up 
a  determined  carriage  to  the  last  day,  even  on  which 
he  flatters  himself  that  it  may  arrive,  and  therefore  he 
must  not  confess.  This  is  the  state  of  mind  of  nine 
culprits  out  of  ten  until  the  eve  of  the  fatal  morning, 
when,  fatigued,  weak,  and  worn  out  with  his  efforts, 
the  mind  becomes  suddenly  depressed  with  disappoint- 
ment, corresponding  to  the  condition  of  the  body ;  he 
then  falls  into  a  state  of  stupor  and  insensibility,  from 
which  it  is  almost  a  cruelty  to  attempt  to  rouse  him,  as 
it  is  too  late  now  to  make  any  beneficial  religious 
impression  on  him.  The  next  morning,  when  brought 
out  of  his  cell  to  be  pinioned,  you  behold  a  man  already 
half  dead; — his  countenance  has  fallen,  his  eyes  are 
fixed,  his  lips  are  deadly  pale  and  quivering,  while  his 
whole  aspect,  in  anticipation  of  the  reality,  gives  you 

the  personification  of  death's  counterpart 

Sometimes  the  affair  takes  quite  another  turn,  and  the 
malefactor  is  seized  with  a  phrenzy  for  death,  as  being 
the  only  road  to  happiness,  when  he  will  smile  and  talk 
as  if  he  were  the  happiest  man  in  existence.     This 


UPON  THE  PRISONER.  '  61 

effect  is  brought  on  by  the  operation  of  great  excite- 
ment on  wealv  minds.' 

"We  have  in  this  number  taken  only  one  view  of 
our  subject :  The  influence  of  Capital  Punishment 
upon  the  prisoner  himself.  We  have  seen  that  no 
good  influences  have  been  produced  upon  his  mind  by 
.his  ignominious  death. 

In  fact,  pubHc  executions  generally  produce  a  sort 
of  stupid  brutality.  Leadings,  who  was  executed  in 
Albany,  is  a  remarkable  illustration  of  the  practical 
influence  of  the  punishment  of  death.  '  He  went  to  the 
scafibld  perfectly  indifierent  and  reckless,  and  sunk  in 
such  a  condition  of  stupid  brutality,  as  to  create  on  the 
part  of  many  a  disbelief  of  his  soundness  of  mind.  At 
the  solicitation  of  some  of  the  clergymen,  who  were 
laboring  in  vain  to  arouse  him  to  some  fitter  state  of 
preparation  for  the  awful  journey  to  which  he  was  so 
soon  to  be  despatched,  the  governor  respited  him  twice, 
from  week  to  week ;  but  to  no  efiect.  On  its  being 
proposed  to  make  an  effort  to  procure  a  commutation 
of  his  sentence,  Leadings  expressed  his  hope  that  it 
would  not  be  done,  declaring  his  preference  for  execu- 
tion over  imprisonment  in  the  State  Prison.  He  was, 
in  fact,  desirous  of  having  it  over.'* 

*  '  Shakspeare  has  anticipated  this  picture.  Its  moral  will  readily 
suggest  itself  to  the  reader,  when  he  reflects  on  the  nuniber  of  this 
class  of  men  from  whom  these  crimes  of  brutal  violence  proceed,  and 
on  their  total  insensibility  to  the  terrors  of  death,  which  to  them  bear 
no  comparison  with  those  of  a  long  imprisonment : 

"  Master  Barnadine,  what,  hoa !  your  friend  the  hangman !  you 
must  be  so  sjood,  sir,  to  rise,  and  be  put  to  death :  pray.  Master  Bar- 
nadine, awake,  till  you  are  executed,  and  sleep  afterward." — Measvre 
for  Measure.     Act  4,  Scene  3. 

'  The  wretch  thus  addressed  is  described  as  a  "man  that  apprehends 
death  no  more  dreadfully,  but  as  a  drunken  dream  ; — careless,  reckless, 
and  fearless  of  what 's  past,  present  or  to  come.'  " 


ESSAY    V. 

EFFECT  OF  PUBLIC  EXECUTIONS  UPON  THE  SPECTATORS 

Anecdote  of  a  pick-pocket — Testimony  of  Dr.  Dodd — Effect  upon  a 
celebrated  banker — Description  by  an  English  traveller — Testimony 
of  a  witness — Testimony  of  a  convict — Private  executions — Exe- 
cution of  Lcchler —  Conduct  of  an  executioner. 

'  What  must  men  think,  when  they  see  wise  magistrates  and  grave 
ministers  of  justice,  with  tranquillity,  dragging  a  criminal  to  death,  and, 
whilst  the  wretch  trembles  with  agony,  expecting  the  fatal  stroke,  the 
judge,  who  has  condemned  him,  with  the  coldest  insensibility,  and, 
perhaps,  with  no  small  gratification  from  his  authority,  quits  his  tribu- 
nal to  enjoy  the  comforts  and  pleasures  of  life  ? '  Beccakia. 

It  has  been  remarked,  frequently,  that  the  days  of 
pubUc  executions,  instead  of  being  seasons  of  solemn 
reflection  and  sincere  penitence,  are  seized  on  as  days 
of  obscene  jesting,  and  coarse  ribaldry.  The  loose 
and  the  abandoned,  who  attend,  improve  the  opportu- 
nity to  commit  new  depredations  upon  society.  A 
pick-pocket,  being  asked  by  the  chaplain  of  Newgate 
how  he  could  venture  on  such  a  deed,  at  such  a  time, 
very  frankly  replied,  '  that  executions  were  the  best 
?iarvests  that  he  and  his  associates  had;  for,  when  the 
eyes  of  the  spectators  are  fixed  above,  their  pockets 
are  unprotected  below.' 

In  an  account  of  the  execution  of  two  persons  in 
England,  forty  arrests  were  made  for  the  same  crime. 
'  We  constantly,'  says  the  unhappy  Dr.  Dodd,  in  his 
sermon  on  this  subject,  himself  destined  at  a  subse- 
quent period  (1777)  to  suffer  the  same  fate,  'hear  of 


EFFECT  OF  PUBLIC  EXECUTIONS.  53 

crimes  not  less  flagitious  than  those  for  which  the 
criminal  is  to  die,  perpetrated  even  at  the  very  place 
and  moment  of  his  punishment.'  One  of  the  jury 
that  tried  and  convicted  poor  Dr.  Dodd,  was  executed 
on  the  same  gallows,  (Tyburn,)  for  the  same  offence, 
(forgery,)  within  hoo  years  afterward.  And  so,  too,  it 
is  said  of  Mr.  Fauntleroy,  the  celebrated  banker,  who 
was  executed  for  the  same  crime,  that  the  idea  of  com- 
mitting it  first  entered  his  mind  while  returning  home 
from  an  execution  which  he  had  witnessed,  while 
passing,  one  morning,  along  the  street  in  front  of  New- 
gate. 'One  grown  man,'  says  Mr.  E.  G.  Wakefield, 
'  of  great  mental  powers  and  superior  education,  who 
was  acquitted  of  a  charge  of  forgery,  assured  me  that 
the  first  idea  of  committing  a  forgery  occurred  to  him 
at  the  moment  when  he  was  accidentally  witnessing 
the  execution  of  Fauntleroy.'  The  Rev.  Mr.  Roberts, 
of  Bristol,  England,  presents  the  astounding  fact,  that 
he  conversed  with  one  hundred  and  sixty-seven  con- 
victs under  sentence  of  death^  one  hundred  and  sixty- 
four  of  whom  had  witnessed  executions.=^ 

Read  the  following  description,  given  by  a  writer  in 
his  travels  in  England.  After  describing  the  usual 
preparations,  he  says : 

There  were  present  about  two  thousand  persons,  of  both  sexes, 
and  of  every  age,  rank,  and  character.  There  was  the  urchin,  who, 
evidently,  had  played  the  truant,  to  '  see  the  man  hanged.'  There 
was  the  aged  man,  white  with  a  succession  of  forgotten  winters, 
and  furnishing,  in  his  collapsed  and  wasted  exterior,  only  an  index 
to  the  vital  ebb  within — he  had  come  to  treat  his  dotage  with  what 
had  never  blessed  the  vision  of  his  youth  or  prime.  He  had  re- 
quested his  son  to  attend  and  protect  him ;  but  his  son  had  been  a 

*  See  a  valuable  work  entitled,  '  Necessity  of  Popular  Education.' 
Appendix,  p.  183.    By  James  Simpson. — Boston,  1836. 


64  EFFECT  OF  PUBLIC  EXECUTIONS 

rover,  and  had  seen  many  such  sights,  and  the  old  man  loondered 
at  his  lack  of  gratitude  and  affection.  There  was  the  pedlar  with 
his  wares  ;  the  cake-and-pie  man  with  his  quaint  cry ;  the  ballad 
singer,  and  a  blind  man  with  his  clarionet.  There  was  the  prosti- 
tute, with  her  foul  mouth  and  unblushing  flaunt,  and  troops  of 
drunken  sailors,  carefully  tended  by  London  pick-pockets.  Three 
of  the  latter  class  were  detected  at  their  trade,  and  taken  to  jail 
from  the  ground.  There  were  plays  and  games  too — pitch  and  toss 
and  leap-frog ;  and  anticipations  crowning  all !  Such  was  the  scene 
around  the  gallows. 

After  speaking  of  the  appearance  of  the  prisoner, 
his  chains  and  his  coffin,  and  the  priest,  '  with  white 
robes  and  reverend  mien,'  he  says  : 

The  heart  of  the  reader  would  sicken  at  the  recital  of  the  par- 
ticulars ;  suffice  it  that  I  give  an  instance  or  two  of  the  depravity 
exhibited  on  the  occasion.  On  the  floor  of  the  wagon  lay  the  shoes 
of  the  dead  man.     One  of  the  hopeful  class,  for  whose  edification 

the  hanging  had  been  done,  taking  hold  of  them,  observed, '  By , 

they  're  dumpers.  How  I  wish  I'd  seen  'em  before  he  was  swung 
off;  I  'd  a  made  him  a  bid  at  'era.'  '  They  're  a  perquisite  of  Jack 
Ketch,'  remarked  a  second,  both  of  which  sallies  were  hailed  with 
decided  approbation.  While  this  was  proceeding  at  the  wagon,  the 
body,  itself,  was  not  unmolested.  A  bumpkin,  kneeling  on  the 
back  of  the  frame,  reached  out  his  hand  to  that  of  the  corpse, 
swinging  it  round  so  as  to  bring  the  face  towards  him.  He  then 
seized  the  wrist,  and,  after  examining  the  cuff,  discovered  a  pin, 
which  he  exposed  aloft,  exclaiming  with  an  oath,  '  This  will  do  to 
pick  my  teeth  after  dinner.'  Another,  equally  eager  to  signalize 
himself,  twisted  the  body  round,  and  examined  the  other  hand.  A 
cry  of  derision  added  chagrin  to  his  disappointment ;  while  the 
more  fortunate  explorator,  sticking  the  trophy  in  the  breast  of  his 
coat,  was  greeted  with  obstreperous  plaudits.  The  dead  man's 
legs  were  parted,  and  his  manacles  exposed ;  and  one  essayed 
even  to  lift  the  cap,  but  failed  to  reach  it.  Altogether,  the  scene 
was  so  disgustingly  brutal,  that  I  cannot  choose  but  shudder  at  its 
remembrance,  even  after  the  lapse  of  nine  years. 


UPON  THE  SPECTATORS.  55 

Who  can  read  this  description,  and  contend  for  the 
moral  influence  of  public  executions  ?  A  witness  was 
once  asked  whether  he  thought  Capital  Punishment 
deterred  criminals.     He  answered : 

I  do  not During  one  silting,  as  a  magistrate,  three 

persons  were  brought  before  me  for  uttering  forged  notes.  During 
the  investigation,  I  discovered  that  those  notes  were  obtained  from 
a  room  in  which  the  body  of  a  person,  named  Wheller,  (executed 
on  the  preceding  day,  for  the  same  offence,)  then  lay,  and  that  the 
notes  in  question  were  delivered  for  circulation ,  by  a  woman  with 
whom  he  had  been  living.  This  is,  (he  adds,)  a  strong  case,  but  I 
have  no  doubt  that  it  is  but  one  of  many  others.* 

*  Another  strikingly  similar  instance  is  related  by  Mr.  Livingston, 
on  the  authority  of  a  gentleman  at  a  public  meeting,  in  South- 
ampton, England,  as  having  been  detailed  by  Mr.  Buxton.  'An 
Irishman,  found  guilty  of  issuing  forged  bank-notes,  was  executed, 
and  his  body  delivered  to  his  family.  While  the  widow  was  lamenting 
over  the  corpse,  a  young  man  came  to  her  to  purchase  some  forged 
notes.  As  soon  as  she  knew  his  business,  forgetting,  at  once,  both  her 
grief  and  the  cause  of  it,  she  raised  up  the  dead  body  of  her  husband, 
and  pulled  from  under  it  a  parcel  of  the  very  paper,  for  the  circulation 
of  which  he  had  forfeited  his  life.  At  that  moment  an  alarm  was  given 
of  the  approach  of  the  police  ;  and,  not  knowing  where  else  to  conceal 
the  notes,  she  thrust  them  into  the  mouth  of  the  corpse,  and  there  the 
officers  found  them.'  Mr.  Rantoul  relates, '  that  an  execution,  which  took 
place  at  Worcester,  for  the  crime  of  rape,  on  the  8th  of  December,  1825, 
was  shortly  afterward  followed  by  an  attempt,  by  a  brother  of  the  crimi- 
nal, to  commit  the  same  offence  for  which  his  own  brother  had  just  lost 
his  life.  The  cases  have  been  numerous,  in  which  the  fact  that  near 
relatives  have  perished  on  the  gallows,  has  not  prevented  the  perpe- 
tration of  crimes,  leading  necessarily  to  the  same  fate.  The  notorious 
Patty  Cannon,  for  instance,  who  committed  numerous  murders  in  Dela- 
ware, and,  who  destroyed  herself  by  poison  after  her  arrest,  had  had  a 
father  who  was  hung  for  murder,  and  a  brother  for  horse-stealing.  At 
the  execution  of  the  notorious  pirate  Gibbs,  a  few  years  ago,  in  New 
York,  a  witness  was  present,  who  declared,  positively,  that  he  had  seen 
him  hung  on  a  former  occasion,  for  the  same  crime,  at  some  port  in 


56        EFFECT  OF  PUBLIC  EXECUTIONS 

We  will  give  the  language  of  a  convict  who  was 
near  being  hanged  for  coining : 

Q.  '  Have  you  often  seen  an  execution  1 '  A.  'Yes.'  Q.  'Did 
not  it  frighten  you  1 '  A.  'No;  why  should  it?'  Q.  '  Did  it  not 
make  you  think  that  the  same  would  happen  to  yourself?'  A.  '  Not 
a  bit.'  Q.  'What  did  you  think,  then?'  A,  'Think?  why,  1 
thought  it  was  a  d — d  shame.'  Q.  '  Now,  when  you  have  been 
going  to  run  a  great  risk  of  being  caught  and  hanged,  did  the 
thought  never  come  within  your  head,  that  it  would  be  as  well  to 
avoid  the  risk?'  A.  'Never.'  Q.  '  Not  when  you  remembered 
having  seen  men  hanged  for  the  same  thing?'  A.  '  Oh,  I  never 
remembered  anything  about  it ;  and  if  I  had,  what  difference  would 
that  make?'  We  must  all  take  our  chance.  I  never  thought  it 
would  fall  on  me,  and  don't  think  it  ever  will.'  Q.  'But  if  it 
should?'  A.  'Why,  then,  I  hope  I  shall  suffer  like  a  man — 
where  's  the  use  of  snivelling  ?' 

But  let  us  hear  the  testimony  of  one  who  was 
an  inmate  of  Newgate.  He  says :  '  The  numerous 
chances  of  escape,  arising  in  great  part  from  the 
nature  of  the  punishment,  and  from  the  nature  of 
the  punishment  independently  of  the  chances  of  es- 
cape— the  calculations  of  reason,  and  the  delusions 
of  hope  excited  by  fear — conspire  to  render  Capital 
Punishment  wholly  inefficient  for  the  sole  end  of  pun- 
ishment, which  is  to  present  to  all  a  stronger  motive 
for  abstaining  from,  than    the  ordinary  motives  for 

South  America.  He  insisted  that  he  recognized  him  beyond  the  possi- 
bility of  mistake,  by  certain  peculiar  marks  of  identity;  and  when  we 
consider  the  not  infrequent  cases  which  have  occurred  of  resuscitation 
after  hanging — (a  distinguished  physician,  now  in  New  York,  states 
that  he  has,  in  the  course  of  his  life,  taken  part  in  three  such  cases) — 
the  story  is  not  incredible.  At  any  rate,  there  are  numerous  cases 
known,  i;i  which  criminals,  who  have  narrowly  escaped  death  for  an 
attempted  crime,  have  made  its  repetition  the  first  object  of  their  newly- 
acquired  liberty.' 


UPON  THE  SPECTATORS.  57 

committing,  crime.  .  .  .  When  I  entered  New  gate, 
I  had  not  a  doubt  of  the  efficacy  of  public  executions,  as 
deterring  from  crime.  By  degrees,  I  came  firmly  to 
believe  just  the  contrary.  Newgate  is  the  very  best  place 
in  which  to  form  a  sound  opinion  on  the  subject ;  that 
is  m,y  opinion,  deduced  from,  all  the  facts  of  the  case.^ 

Mrs.  Fry's  opinion  corresponds  with  that  of  Mr. 
Wakefield's,  just  quoted.  She  says,  '  in  her  early 
visits  to  Newgate,  she  had  formed  no  opinion  upon  Cap- 
ital Punishments ;  but  that  her  intercourse  with  the 
prisoners  had  led  to  a  decided  conviction,  on  her  part, 
of  their  evil  tendency.  The  language  always  is,  she 
stated,  as  soon  as  an  execution  is  over,  "Surely,  we 
cannot  pity  him  now ;  he  is  in  heaven  ! "  For  their 
persuasion  is,  that  this  act  of  severity  obliterates  and 
atones  for  every  former  misdeed ;  and  thus  the  minds 
of  the  prisoners  are  hardened  by  the  reflection  that  the 
time  is  short,  and  the  supposed  reward  is  permanent. 

'  But  what  is  the  effect  on  the  minds  of  the  accom- 
plices,, without  7  This  too  may  be  calculated.  A  boy 
was  lately  ordered  for  execution,  for  snatching  a  watch 
from  a  person,  at  a  fimeral  in  Whitechapel.  Two 
friends  of  mine,  conceiving  that  he  was  innocent  of  the 
alleged  crime,  had  the  courage  to  go  to  the  house  fre- 
quented by  the  gang  to  which  he  belonged ;  there  my 
friends  found,  two  days  previous  to  the  execution  of 
their  comrade,  the  gang  assembled,  engaged  in  drink- 
ing, gaming,  and  licentious  conversation.  The  lad 
was  executed  on  the  Tuesday ;  on  the  Wednesday 
night,  my  friends  revisited  this  haunt  of  villany,  for 
the  purpose  of  endeavoring  to  persuade  some  of  these 
wretched  beings  to  relinquish  their  evil  course  of  life; 
again  the  gang  were  assembled.  After  the  lapse  of  a 
week,  these  gentlemen  returned  on  their  mission  of 


68        EFFECT  OF  PUBLIC  EXECUTIONS 

true  humanity ;  the  gang  were  assembled,  engaged  as 
before  in  gaming  and  drunkenness,  and  in  plotting 
future  robberies.  This  appears,  at  least,  to  have  been 
the  case ;  for,  two  days  after,  thirteen  of  their  number 
were  apprehended  for  crimes  committed,  subsequent  to 
the  execution  of  their  companion.  And  what  became 
of  the  remainder  of  the  gang?  Another  funeral,  largely 
attended,  took  place  in  Whitechapel,  and  there  the  re- 
mainder of  the  band  were  recognized  by  a  person  who 
knew  them  well,  actively  engaged  in  their  iniquitous 
vocation.' 

Mr.  Livingston,  speaking  on  this  subject,  says,  'The 
fear  of  death,  therefore,  will  rarely  deter  from  the 
commission  of  great  crimes.  It  is,  on  the  contrary,  a 
remedy  peculiarly  inapplicable  to  those  offences.  Am- 
bition, which  usually  inspires  the  crime  of  treason, 
soars  above  the  fear  of  death ;  avarice,  which  whispers 
the  secret  murder,  creeps  below  it ;  and  the  brutal  de- 
basement of  the  passion  that  prompts  the  only  other 
crime  thus  punished  by  our  law,  is  proverbially  blind 
to  consequences,  and  regardless  of  obstacles  that  im- 
pede its  gratification.  Threats  of  death  will  never 
deter  men  who  are  actuated  by  these  passions ;  many 
of  them  affront  it  in  the  very  commission  of  the  offence, 
and,  therefore,  readily  incur  tbe  lesser  risk  of  suffering 
it  in  what  they  think  the  impossible  event  of  detec- 
tion.' 

'  How  happens  it  that,  as  Hume  bears  record,  the 
execution  of  seventy-two  thousand  "great  and  petty 
thieves"  in  England,  daring  the  reign  of  Henry  VHI., 
was  totally  inoperative  to  check  the  offences  for  which 
these  human  hecatombs  were  sacrificed,  on  the  altar 
of  this  principle  of  social  expediency?  And  though, 
in  the  time  of  his  successor,  Elizabeth,  "  rogues  were 


UPON  THE  SPECTATORS.  69 

Still  trussed  up  apace,"  and  there  was  not  "one  year 
commonly  wherein  three  or  four  hundred  of  them  were 
not  devoured  and  eaten  up  by  the  gallows,  in  one  place 
or  another,"  so  that  the  whole  number  of  executions 
during  her  reign  was  not  less  than  nineteen  thousand, 
yet  we  find  it  observed  and  regretted,  "  that  at  the  time 
of  doing  execution  of  such  as  had  been  attainted  of 
any  murder,  felony,  or  other  criminal  cause,  ordained 
chiefly  for  terror  and  example  of  evil-doers,  people 
persevered  in  their  felonious  sleights  and  devices." 
Descriptive  of  the  times  when  the  bloody  experiment 
was  so  fully  tested  in  England,  of  the  influence  of 
Capital  Punishment  to  deter  by  example  from  the 
commission  of  offences  of  a  minor,  and  even  petty 
character,  Sir  Edward  Coke  writes :  "  What  a  lament- 
able thing  it  is  to  see  so  many  Christian  men  and 
women  strangled  on  that  cursed  tree  of  the  gallows ; 
insomuch  that,  if,  in  a  large  field,  a  man  might  see 
together  all  the  Christians  that  in  one  year  through- 
out England  come  to  that  untimely,  ignominious 
death,  if  there  were  any  spark  of  grace  or  charity  in 
him,  it  would  make  his  heart  to  bleed  for  pity  and 
compassion."  ' 

There  is  one  fact  which  shows  that  the  public  are 
rapidly  awaking  to  the  brutalizing  influences  of  execu- 
tions. We  allude  to  the  recommendation  to  have  them 
more  private.  This  is  the  law  in  some  of  the  states.^ 
Those  who  urge  this,  do,  in  fact,  give  up  the  whole 
ground  that  Capital  Punishments  do  good,'  as  an  ex- 
ample. If  such  spectacles  are  calculated  to  strike  the 
mind  favorably,  or  to  have  a  moral  influence,  why  not 
have  them,  in  the  squares  of  our  crowded  cities  7    Why 

*  See  Laws  of  Maine,  Massachusetts  and  New  York,  Appendix  I. 


60        EFFECT  OF  PUBLIC  EXECUTIONS 

not  congregate  the  whole  community  to  witness  the 
scene  7  The  true  answer  is  '  that  it  tends  to  harden 
and  brutahze  the  hearts  of  men  ;*  to  give  a  rude  shock 
to  that  natural  instinct  which  prompts  them  to  revolt 
at  the  idea  of  the  cold  and  wilful  infliction  of  death  by- 
man  upon  his  fellow-man ;  by  that  shock  to  derange 
the  action,  and  to  weaken  the  deep-seated  strength  of 
that  instinct;  and  to  send  away,  from  that  field  of 
blood,  which  has  been  thus  darkened  and  accursed  by 
the  shadow  of  the  gallows-tree,  many  a  man,  far  more 
ready  than  he  came,  to  yield  to  the  temptations  that 
may  beset  him,  to  commit  a  murder  to  which  he  may 
be  urged  by  any  strong  impulse  of  malignity  or  cu- 
pidity.' 

'  Every  execution,'  says  Dr.  Lushington,  in  Parlia- 
ment, 'brings  an  additional  candidate  for  the  hang- 
man.' 'Wo  to  society,'  exclaims '  Lepelletier,  in  his 
report  to  the  national  assembly,  '  if,  in  that  multitude 
which  gazes  eagerly  on  an  execution,  is  foimd  one  of 
those  beings  predisposed  to  crime  by  the  perverseness 
of  their  propensities !  His  instinct,  like  that  of  the 
wild  beast,  awaits,  perhaps,  only  the  sight  of  blood  to 
awake, — and  already  his  heart  is  hardened  to  murder, 
the  moment  he  is  quitting  the  spot  wet  with  the  blood 
which  the  sword  of  the  law  has  shed.' 

Volumes  might  be  written,  showing  the  brutalizing 
influence  of  this   sanguinary  law  upon  the  commu- 


*  A  single  illustration  of  this  truth  will  alone  speak  volumes.  The 
celebrated  Volney,  in  a  lecture  at  the  Normal  School  at  Paris,  related 
how  powerfally  he  had  been  affected,  during  a  journey  he  had  made  in 
France,  after  the  conclusion  of  the  '  reign  of  terror,'  by  the  spectacle  of 
a  crowd  of  children,  who,  in  different  provinces,  amused  themselves 
with  guillotining  cats  and  chickens,  to  supply  the  place  of  the  execu- 
tions which  had  become  less  frequent ! 


UPON  THE  SPECTATORS.  61 

nity,  and  especially  on  those  who  witness  the  scene.* 
The  following  instance  is  given  by  Mr.  Livingston. 
'John  Lechler  was  executed  at  Lancaster,  Pennsyl- 
vania, and  while  one  old  offence  was  atoned  for,  more 
than  a  dozen  new  ones  were  committed,  and  some  of 
a  capital  grade.  Twenty-eight  persons  were  commit- 
ted to  jail  on  Friday  night,  for  divers  offences  at  Lan- 
caster, such  as  MURDER,  larceny,  assault  and  battery, 
&o. ;  besides  many  gentlemen  lost  their  pocket-books, 
though  the  pick-pockets  escaped,  or  the  jail  would 
have  overflowed.  In  the  evening,  as  one  Thomas 
Burns,  who  was  employed  as  a  weaver  in  the  factory 
near  Lancaster,  was  going  home,  he  was  met  by  one 
Wilson,  with  whom  he  had  had  some  previous  misun- 
derstanding, when  Wilson  drew  a  knife,  and  gave  him 
divers  stabs,  in  sundry  places,  which  are  considered 
mortal.  Wilson  was  apprehended  and  committed  to 
jail,  and  had  the  same  irons  put  on  him  which  had 
scarcely  been  laid  off  long  enough  by  Lechler  to  get 
coZd'f  It  appeared,  on  inquiry,  that  Wilson  was  one 
of  the  crowd. 

'■  Very  lately,  in  the  state  of  Ohio,'  says  Mr.  Ran- 
toul's  report  in  1836,  already  quoted,  '  on  the  day  on 

*  '  Those  whom  it  would  be  desirable  to  affect  solemnly,  and  from 
whom  we  have  the  most  reason  to  fear  crime,  made  the  day  of  public 
execution  a  day  of  drunkenness  and  profanity.  These,  with  their  at- 
tendant vices,  quarrelling  and  fighting,  were  carried  to  such  an  extent 
in  Augusta,  (at  Sager's  execution,)  that  it  became  necessary  for  the 
police  to  interfere,  and  the  jail,  which  had  just  been  emptied  of  a  mur- 
derer, threw  open  its  doors  to  receive  those  who  came  to  profit  by  the 
solemn  scene  of  a  public  execution.' — Report  of  Committee  to  the  Legis- 
lature of  Maine,  1835. 

f  '  After  the  execution  of  Lechler,  in  Pennsylvania,  had.  gratified,  the 

people  about  York  and  Lancaster,  with  the  spectacle  of  his  death,  and 

produced  its  proper  complement  of  homicide  and  other  crimes,  a  poor 

wretch  was  condemned  to  die  in  another  part  of  the  state,  where  the 

G 


62        EFFECT  OF  PUBLIC  EXECUTIONS 

which  a  man  was  executed  for  the  murder  of  his  wife, 
under  circumstances  of  particular  cruelty,  another 
man,  near  the  place  of  execution,  murdered  his  wife 
in  the  same  manner;  and  this  is  by  no  means  the 
only  instance  where  the  crime  seems  to  have  been  di- 
rectly suggested  by  the  punishment  intended  to  pre- 
vent it.'* 

There  is  another  view  that  should  be  taken  of  this 
subject,  which  is,  that  public  executions  lead  to  ihe 

people  had  not  been  indulged  \vith  such  a  spectacle.  They  collected 
by  thousands, — tens  of  thousands.  The  victim  -was  brought  out — all 
the  eyes  in  the  living  mass  that  surrounded  the  gibbet  were  fixed  on 
his  countenance,  and  they  waited,  with  strong  desire,  the  expected 
signal  for  launching  him  into  eternity.  There  was  a  delay.  They 
grew  impatient.  It  was  prolonged,  and  they  were  outrageous.  Cries, 
like  those  which  precede  the  tardy  rising  of  the  curtain,  in  a  theatre, 
were  heard.  Impatient  for  the  delight  they  expected  in  seeing  a  fel- 
low-creature die,  they  raised  a  ferocious  cry.  But  when  it  was  at  last 
announced  that  a  reprieve  had  left  them  no  hope  of  witnessing  his 
agonies,  their  fury  knew  no  bounds  ;  and  the  poor  maniac  (for  it  was 
discovered  that  he  was  insane)  was  with  difficulty  snatched  by  the 
officers  of  justice  from  the  fate  which  the  most  violent  among  them 
seemed  determined  to  inflict. 

'  The  above  is  taken  from  Livingston's  celebrated  work  on  "  The 
Expediency  of  Abolishing  the  Punishment  of  Death."  This  eminent 
legislator  adds,  "  This  disgraceful  scene  took  place  at  Orwigsburgh ; 
the  wretched  madman  who  v.as  so  near  suffering,  was  named  Zimmer- 
man. I  have  the  details,"  he  continues,  "  from  a  gentleman  of  the  first 
respectability,  in  Pennsylvania,"  and  his  informant  added,  "Execu- 
tions in  this  state  are  scenes  of  riot  and  every  species  of  wickedness ; 
twenty,  thirty,  even  forty  thousand  persons  have  been  in  attendance 
on  such  occasions.  In  the  country,  two  or  three  days  are  employed 
in  the  merry-making,  much  after  the  manner  of  fairs  in  former 
days."  ' 

*  '  A  man,  by  the  name  of  Strang,  had  been  convicted  of  a  foul  mur- 
der, committed  on  Cherry  Hill,  in  Albany,  by  shooting  in  cold  blood, 
and  for  the  vilest  purposes,  Jlr.  Whipple,  an  enterprising  and  worthy 
citizen.  Levi  Kelly,  a  farmer  of  .the  town  of  Otsego,  living  betweeu 
sixty  and  sevent)'  miles  from  Alban}',  heard  of  the  day  when  Strang 


UPON  THE  SPECTATORS.  63 

commission  of  suicide.  The  frequent  recurrence  of 
suicides  after  such  seasons,  is  a  fact  well  established, 
and  in  a  form,  too,  scarcely  known  to  the  ancients, 
i.  e.,  strangulation  by  suspension.*  Mr.  Livingston 
has  some  good  remarks  on  this  subject : — '  The  most 
serious  and  intense  reflection  has  brought  my  mind  to 
the  conclusion,  not  only  that  it  fails  in  any  repressive 
effect,  but  that  it  promotes  the  crime.  The  cause  it  is 
not  very  easy  to  discover,  and  still  more  difficult  to 

was  to  be  executed,  and  soon  after  expressed  to  his  neighbors  a  deter- 
mination to  be  present  at  the  exhibition.  I  have  been  informed  that 
he  had  then  never  seen  a  man  put  to  death.  Kelly  was  a  man  of  re- 
spectable connexions,  and,  I  believe,  of  correct  morals ; — at  any  rate, 
he  was  not  distinguished  for  immorality  of  any  kind.  He  was,  how- 
ever, known  to  possess  very  vindictive  passions.  He  went  from  Ot- 
sego to  Albany  for  the  sole  purpose  of  seeing  Strang  executed.  On  his 
return  he  seemed  entirely  engrossed  by  the  exhibition  he  had  witnessed. 
He  talked  of  nothing  else  on  the  road  and  at  the  public  houses  where 
they  stopped  for  refreshment. 

'  A  man  lived  in  Kelly's  house,  by  the  name  of  Spafford,  with  whom 
he  had  had  some  little  difficulty.  In  less  than  a  fortnight  after  Strang 
was  hung,  an  altercation  occurred  between  Kelly  and  SpaflTord,  when 
Kelly  seized  a  loaded  gun,  and  shot  Spafford  through  the  heart.  For 
this  offence  he  was  tried,  convicted,  and  executed.  There  was  not  a 
particle  of  evidence  that  Kelly  was  insane  at  the  time  he  perpetrated 
the  horrid  act.  Here  was  a  case  where  the  spectator  hastened  to  com- 
mit the  same  offence,  and  with  the  same  rreapon,  for  which  he  had  just 
seen  the  terrible  punishment  of  death  inflicted. 

'  On  the  evening  of  the  day  on  which  Kelly  was  hung,  a  man  by  the 
name  of  Cooke,  in  the  neighborhood  of  Cooperstown,  who  was  present 
at  the  execution,  committed  suicide  by  hanging.  Now,  may  not  the 
philosophical  inquirer  be  permitted  to  indulge  the  conjecture  that  the 
public  execution  of  Strang,  instead  of  tending  to  preserve  life,  led  to 
the  destruction  of  three  other  lives  ? ' 

*  O'Sullivan  gives  the  following  affecting  instance  :  'Two  or  three 
days  after  the  execution  of  Leadings,  a  fine  boy,  of  about  sixteen  years 
of  age,  the  delight  of  highly  respectable  and  estimable  parents,  hung 
himself  from  the  banisters  of  the  stairs  in  his  father's  house,  in  Al- 
bany.' 


64        EFFECT  OF  PUBLIC  EXECUTIONS 

explain;  but  I  argue  from  effects — and  when  I  see 
them  general  in  their  occurrence  after  the  same  event, 
I  must  believe  that  event  to  be  the  efficient  cause  which 
produces  them,  although  I  may  not  be  able  to  trace 
exactly  their  connexion.  This  difficulty  is  particularly 
felt  in  deducing  moral  effects  from  physical  causes,  or 
arguing  from  the  operation  of  moral  causes  on  human 
actions.  The  reciprocal  operations  of  the  mind  and 
body  must  always  be  a  mystery  to  us,  although  we 
are  daily  witnesses  to  their  effects.  In  nothing  is  this 
more  apparent,  or  the  cause  more  deeply  hidden,  than 
in  that  propensity  which  is  produced  on  the  mind  to 
imitate  that  which  has  been  strongly  impressed  on  the 
senses,  and  that,  frequently,  in  cases  where  the  first 
impression  must  be  that  of  pahiful  apprehension.  It 
is  one  of  the  earliest  developments  of  the  understand- 
ing in  childhood.  Aided  by  other  impulses,  it  con- 
quers the  sense  of  pain  and  the  natural  dread  of  death. 
The  tortures  inflicted  on  themselves  by  the  Fakirs  of 
India ;  the  privations  and  strict  penance  of  some  mo- 
nastic orders  of  Christians;  and  the  self-immolation 
of  the  Hindoo  widows,  may  be  attributed,  in  part,  to 
religion,  in  part  to  the  love  of  distinction  and  fear  of 
shame :  but  no  one,  nor  all  of  these  united,  except  in 
the  rare  cases  of  a  hero  or  a  saint,  could  produce  such 
extraordinary  effects,  without  that  spirit  of  imitation 
to  which  I  have  alluded.  The  lawgiver,  therefore, 
should  mark  this,  as  well  as  every  otlier  propensity  of 
human  nature;  and  beware  how  he  repeats  in  his 
punishments  the  very  acts  he  wishes  to  repress,  and 
makes  them  examples  to  follow,  rather*  than  to  avoid.' 
We  earnestly  and  solemnly  beseech  the  advocates 
of  the  death-penalty  to  stop  and  ponder,  to  weigh  the 
matter  in  view  of  all  these  facts,  and  ask  themselves 


UPON  THE  SPECTATORS.  65 

whether  they  can  sustain  this  inhuman  law  7  The 
history  of  the  world  goes  to  show  that  scenes  of  hlood 
only  harden  the  heart,  and  brutalize  the  affections.* 

*  See  the  following  account  of  the  conduct  of  an  executioner  who 
cruelly  put  seven  men  to  death  for  merely  entertaining  '  constitutional 
principles,'  in  Portugal,  under  the  reign  of  the  usurper,  Don  Miguel : — 
'  At  eight  o'clock  the  mournful  procession  was  formed  at  the  prison  of 
the  Lemoira,  about  a  mile  from  the  place  of  execution  ;  the  seven  un- 
happy men,  with  fourteen  priests,  one  on  each  side  of  each  prisoner,  in 
the  centre ;  the  prisoners  bare-footed  and  bare-headed,  dressed  in  long 
white  habits,  with  a  hood  hanging  down  behind,  each  bearing  a  small 
wooden  crucifix  in  his  clasped  hands,  secured  together  by  bolts  at  the 
wrists.  They  were  strongly  guarded,  both  before  and  behind.  At 
each  church  they  had  to  pass,  the  procession  stopped  to  hear  an  exhor- 
tation, so  that  it  was  near  twelve  o'clock  before  they  reached  the  fatal 
place.  One  at  a  time  ascended  the  platform,  up  a  broad  flight  of  steps, 
accompanied  by  two  priests,  as  in  the  procession,  and  was  immediately 
placed  on  the  seat,  with  his  back  to  the  upright  post.  The  hangman, 
a  miserable  wretch,  walking  with  a  crutch,  then  secured  the  legs,  the 
arms,  and  body  of  the  unhappy  man  with  cords,  and  placing  a  short 
cord  round  his  neck  and  round  the  post,  he  put  the  hood  over  the  face, 
and  then,  going  behind  the  post,  introduced  a  short  thick  stick,  and, 
giving  it  four  or  five  turns,  produced  strangulation.  The  body  was 
then  untied,  and  laid  at  a  convenient  distance,  and  another  brought  up 
from  the  foot  of  the  scaflfold,  until  the  whole  had  suffered.  The  young- 
est, or  least  criminal,  was  executed  first ;  and,  as  each  occupied  fifteen 
to  twenty  minutes,  the  last  had  to  endure,  for  at  least  two  hours,  the 
horrid  sight  of  the  sufferings  of  his  fellow-prisoners.  The  mind  can 
scarcely  imagine  a  more  dreadful  state  of  mental  suffering.  When  the 
whole  were  strangled,  the  hangman  wiped  his  face,  and,  seating  him- 
self in  the  fatal  seat,  coolly  smoked  a  cigar,  regaled  himself  with  a 
bottle  of  wine,  and  then,  placing  a  block  of  wood  under  the  neck,  pro- 
ceeded to  cut  off  the  heads,  from  which  the  blood  flowed  copiously  in 
streams  from  the  platform ;  then,  collecting  the  cords,  and  coolly  wiping 
the  hatchet  and  knife  in  one  of  the  white  dresses,  he  left  the  platform, 
first  throwing  the. heads  and  bodies  in  a  heap,  over  the  iron  grate  be- 
low. The  fire  was  kindled,  and  in  a  few  minutes  the  whole  was  in  a 
blaze.  By  six  o'clock  the  whole  was  burnt  to  ashes,  when  a  gang  of 
galley-slaves,  with  irons  on  their  legs,  took  the  ashes  in  hand-barrows, 
and  threw  them  into  the  Tagus.' 

6* 


66  EFFECT  OF  PUBLIC  EXECUTIONS. 

The  heart  becomes  hardened  by  scenes  of  rapine 
and  murder,  and  those  who  become  witnesses  of  san- 
guinary punishments  only  want  for  provocations  of 
poverty  or  anger  to  perpetrate  the  same  crime  for 
which  the  capital  offender  is  punished.  Hence,  the 
corrupting  influence  of  war,  as  well  as  of  the  law 
which  sanctions  the  Punishment  of  Death.  We  are 
not  aware  how  much  the  battle  field  has  done  to  cor- 
rupt public  sentiment.  We  have  not,  however,  taken 
up  that  subject  in  this  work,  because,  although  it  is 
allied  to  it,  yet  we  preferred  to  present  it  in  a  sepa- 
rate dissertation.*^ 


*  A  wretch,  who  was  executed  at  Exeter,  England,  on  being 
removed  from  the  bar,  after  sentence  of  death  had  been  passed, 
exclaimed  to  the  by-standers,  '  I  have  killed  many  men  to  please  the 
king,  and  why  should  I  not  kill  one  to  please  myself? '  One  of  the 
soldiers  who  was  taken  up  for  wantonly  shooting  a  man  at  Lestwi- 
thiel,  in  1814,  on  witnessing  the  horror  and  agitation  of  the  peaceful 
townsmen,  very  coolly  observed,  '  Here  is  a  pretty  fuss  about  killing 
one  man ;  why,  I  have  seen  hundreds  killed.' 


ESSAY    VI. 

EFFECT  OF  rUBLIC  EXECUTIONS  UPON  DOMESTIC  LIFE. 

Provision  in  Prussia  for  the  children  of  criminals — Condemned 
forger  and.  his  family — The  condemned  and  his  child — Incident 
at  Massachusetts  State  Prison — Painful  fact — Hangman  and  the 

judge. 

'  But  the  wretches,  who  die,  are  not  the  only  sufferers.  .  .  .  Who 
knows  how  many  innocent  children  we  may  be  dooming  to  ignominy 
and  wretchedness  ?  "Who  knows  how  many  widows'  hearts  we  may 
break  with  grief;  how  many  grey  hjiirs  we  may  bring  with  sorrow 
to  the  gmveV^Eeport  of  Howard  Society  in  Dublin,  1832. 

We  now  approach  a  portion  of  our  subject  which 
has  excited  very  little  feeling  in  the  community,  and 
yet  is  one  of  the  most  tender  views  that  can  be  pre- 
sented. We  have  shown  the  demoralizing  influence 
of  public  executions,  and  the  indifierence  of  the  pris- 
oner to  his  fate.  We  have  seen  the  brutalizing,  dead- 
ening influence  of  these  scenes  upon  the  spectators. 
There  is  another  class  whom  we  cannot  suppose  to  be 
present ;  a  class  who  have  retired  from  the  public  gaze, 
— who  have  closed  their  ears  to  the  martial  music,  the 
jesting,  the  coarse  ribaldry  usually  accompanying  such 
scenes ;  a  class  pining  in  secret  anguish  over  the  mis- 
erable and  the  fallen  culprit.  We  mean  the  wife, 
lamenting,  with  inexpressible  grief,  the  cruel  fate  of  her 
husband ;  the  mother  weeping  in  solitude  over  her  be- 
loved son ;  the  distracted  sister  over  a  fallen  brother ! 
It  has  not  been  the  business  of  history  to  keep  a  record 
of  tears  shed  in  private,  and  of  hearts  bleeding  and 


68  EFFECT  OF  PUBLIC  EXECUTIONS 

broken  in  retirement.  But  they  are  not  forgotten  by 
the  true  philanthropist  and  the  Christian.*  They  are 
not  forgotten  by  Him  who  'looks  down  from  the 
height  of  His  sanctuary,  ...  to  hear  the  groaning 
of  the  prisoner,  to  loose  those  that  are  appointed  to 
death.'  Oh  !  the  anguish  of  their  hearts  !  Could  we 
get  admittance  there,  what  griefs  should  we  see  !  It 
is,  indeed,  on  such  occasions,  the  living  who  die ! 
'  There  is  no  killing  like  that  which  kills  the  hearjt ! ' 
This  is  admirably  presented  in  the  following  thrilling 
sketch  from  Frazer's  London  Magazine. 

THE    CONDEMNED   FORGER   AND    HIS   FAMILY. 

The  forger  had  been  convicted,  and  condemned  to  suffer  the 
dreadful  penalty  of  death.  His  wife  was  a  sensitive  and  accom- 
plished lady,  although  the  wife  of  a  felon.  An  hour  had  been  ap- 
pointed for  the  last  earthly  interview.  Pale  and  trembling,  the 
wife,  with  three  children,  entered,  to  them,  the  tomb  of  a  living  be- 
ing, who  had  been  their  only  love  and  hope  in  this  world, — ^he  whose 
solicitude  to  insure  their  happiness,  was  the  cause  of  their  misery. 
After  an  absence,  it  is  natural  to  rush  into  the  arras  of  those  we 
love  ;  but  disgrace  and  consequent  shame  make  strange  havoc  with 
the  impulses  of  the  heart. 

• 
*  A  beautiful  instance  is  given  by  Prof.  Stowe,  in  his  Report  on  Edu- 
cation in  Prussia,  &:c.,  of  the  provision  made  for  the  children  of  crim- 
inals : — 'When  I  was  in  Berlin  I  went  into  the  public  prison,  and  vis- 
ited every  part  of  the  establishment.  At  last  I  was  introduced  to  *>, 
verj'  large  hall,  which  was  full  of  children,  with  their  books  and  teach- 
ers, and  having  all  the  appearance  of  a  common  Prussian  school-room. 
'  What,'  said  I, '  is  it  possible  that  all  these  children  are  unprisoned  here 
for  crime?'  'Oh  no,'  said  my  conductor,  smiling  at  my  simplicity; 
•but  if  a  parent  is  imprisoned  for  crime,  and,  on  that  account,  his  chil- 
dren are  left  destitute  of  the  means  of  education,  and  liable  to  grow  up  in 
ignorance  and  crime,  the  government  has  them  taken  here,  and  main-  . 
tained  and  educated  for  useful  employment.'  The  thought  brought 
tears  to  my  eyes. 


UPON  DOMESTIC  LU-'E.  •  69 

*Do  you  forgive  me,  Maria  1'  said  the  husband,  keeping  aloof 
from  his  wife,  as  if  his  touch  would  be  pollution. 

'  Would  that  others  would  as  readily  forgive !'  replied  the  ago- 
nized wife,  sinking  on  a  seat  near  to  her. 

'  Ah,  you  mean  God !  Ah,  have  you  prayed  for  me,  Maria  ? 
Do  you  think  there  is  hope  for  me  1  Speak !  I  have  been  a  great 
sinner — a  wicked  sinner,  Maria.  Yet  do  not  tell  these,  your  chil- 
dren, what  a  bad  man  their  father  was.  But  wherefore  are  they 
here  1  Is  not  my  punishment  sufficiently  heavy  without  bringing 
my  children  to  reproach  me  1' 

The  jailor  reminded  the  bewildered  man  that  he  had  expressed 
a  wish  to  see  them. 

'  Yes — true,'  he  ejaculated ;  '  but  I  have  been  mad,  and  have  not 
recovered  my  senses.     Maria,  your  husband  is  mad  I' 

Maria  heard  him  not ;  she  was  lying  senseless  on  the  floor.  The 
children,  aged  six,  and  eight,  and  ten,  were  crying  over  her,  think- 
ing that  their  unhappy  and  evidently  distracted  father  had  been  the 
cause  of  her  death.* 

Both  husband  and  wife  had  thousands  of  questions  to  ask,  and 
more  matter  to  communicate,  but  the  interview  was  ended.  Several 
hours  elapsed  ere  the  wife  was  restored  to  perfect  consciousness ; 
and  it  was  late  in  the  evening  before  her  doomed  husband  could  be 
brought  to  resume  the  preparations  for  his  fate  that  awaited  him 
the  following  morning. 

'  Shall  I  not  see  him  once  more  V  inquired  the  wife,  as  she  slowly 
recovered  her  recollection — '  only  once  more — only  one  look !  I 
am  now  prepared,  and  can  command  my  feelings.' 

This  privilege  was  denied  her,  as  such  interviews  rarely  answer 
any  purpose  but  to  distract  the  mind  of  the  one  whose  business  it  is 
to  forget  the  world  and  all  its  attractions,  and  to  agonize  the  feel- 
ings of  the  other,  who  stand  in  need  of  all  the  resolution  they  pos- 
sess to  sustain  the  calamities  attendant  on  a  catastrophe  so  fatal  to 
their  worldly  prospects. 

It  was  evening  before  the  wife  and  her  children  could  be  con- 
veyed home  ;  the  latter,  while  at  the  prison  and  on  their  road,  ask- 
ing their  agonized  mother  a  number  of  questions  regarding  their 
father,  every  one  of  which  penetrated  the  soul  and  caused  her  fur- 

*  See  Engravmg. 


70  *     EFFECT  OF  PUBLIC  EXECUTIONS 

ther  anguish.  It  was  the  first  time  the  subject  of  death  had  been 
forced  on  their  attention,  and  they  were  too  young  to  have  anything 
but  a  confused  notion  of  it, — now  they  had  learned  that  their  father 
was  doomed,  in  a  few  hours,  to  meet  it  before  the  public  gaze.  In 
all  these  cases,  the  truth  is  that  the  wife  and  children  of  the  of- 
fenders are  the  only  parties  really  punished.  Even  the  hanging 
itself  falls  with  a  heavier  weight  of  suffering  on  the  sensibilities  of 
an  attached  wife,  than  it  does  on  the  actual  culprit,  whose  sense  of 
pain  has  a  termination.  The  wife,  tortured  with  the  picture  of 
the  scene  of  strangulation  on  her  imagination,  in  vain,  when  worn 
out  with  distress  of  mind,  seeks  repose ;  the  excited  and  deranged 
nerves  keep  the  fancy  at  work  ;  she  dreams  that  they  have  laid  hei 
dead  husband,  cold  and  clammy,  by  her  side,  and  awakes  in  terror 
at  being  so  near  one  whose  absence  a  short  time  since  was  her  only 
trouble.  The  hours,  as  the  morning  approaches,  are  counted  ;  then 
minutes  are  watched.  The  fatal  period  arrives — the  clock  strikes 
eight — she  sees  the  signal — hears  the  drop  fall — feels  the  jerk — 
the  sensation  of  choking — and  swoons,  again  to  revive  to  the  con- 
sciousness that  all  is  desolation  and  misery  around  her.  •  • 

A  celebrated  writer  has  finely  presented  the  inter- 
view of  a  prisoner  and  his  child,  which  admirably 
illustrates  the  point  :* 

LAST    INTERVIEW    BETWEEN    THE    CONDEMNED    AND    HIS    CHILD. 

My  child  looked  rosy  and  happy,  and  her  large  eyes  were  bright. 
Oh  !  she  is  so  pretty  !  I  drew  her  towards  me,  I  raised  her  in  my 
arms,  and,  placing  her  on  my  knees,  kissed  her  dear  hair.  I  asked, 
'  Why  is  her  mother  not  with  her  1 '  And  I  learnt  that  she  was 
very  ill,  and  my  poor  old  mother  also.  Mary  looked  at  me  M'ith 
astonishment.  Caressed,  embraced,  devoured  with  kisses,  she  sub- 
mitted quietly  ;  but,  from  time  to  time,  cast  an  uneasy  look  towards 
her  nurse,  who  was  crying  in  the  corner.  At  length  I  was  able  to 
speak. 

'  Mary  I'  I  exclaimed,  '  my  own  little  Mary !'  and  I  pressed  hei 
violently  against  my  breast,  which  was  heaving  sobs. 


*  See  '  Last  Days  of  the  Condemned,'  from  the   French  of  Victor 
Hago.    By  Sir  Hesketh  Fleetwood,  M.  P. 


UPON  DOMESTIC   LIFE.  71 

She  uttered  a  little  cry,  and  then  said,  *  0 1  you  hurt  me,  sir.' 

'Sir!' 

It  is  nearly  a  year  since  she  has  seen  me,  poor  child !  She  has 
forgotten  me,  face,  words,  voice  ;  and  then,  who  could  know  me  with 
this  beard,  this  dress,  and  this  pallor  1  What !  already  effaced  from 
that  memory,  the  only  one  where  I  wished  to  survive  ?  What ! 
already  no  longer  a  father, — am  I  condemned  to  hear  no  more  that 
word,  so  soft  in  the  language  of  children,  that  it  cannot  remain  in 
the  language  of  men — '  Papa  1 '  And  yet  to  have  heard  it  from  that 
sweet  mouth  once  more,  only  once  more,  that  is  all  I  would  have 
asked  in  payment  for  the  forty  years  of  life  thev  will  take  from 
me.  ^ 

'  Listen,  Mary,'  said  I  to  her,  joining  her  two  little  hands  in 
mine.     '  Do  you  know  me  ? ' 

She  looked  at  me  with  her  bright,  beautiful  eyes,  and  answered, 
*0h !  no,  indeed.' 

'Look  at  me  well,'  I  repeated.  'What!  dost  thou  not  know 
who  I  am?' 

'  Yes,  sir,'  she  answered  ;  '  you  are  a  gentleman.' 

Alas !  while  loving  one  being  on  earth,  loving  with  all  your  deep 
affection,  having  that  being  before  you,  who  sees  and  looks  at  you, 
speaks  and  answers  you,  and  yet  knows  you  not!  You  wish  for 
consolation,  but  from  this  one  being,  who  is  the  only  one  that  does 
not  know  that  you  require  it,  because  you  are  going  to  die  ! 

'  Mary,'  I  continued,  '  hast  thou  a  papa?' 

'  Yes,  sir,'  said  the  child. 

'  Well,  then,  dearest,  where  is  he?' 

She  raised  her  large  eyes  in  astonishment. 

'  Ah  !  then  you  don't  know,  sir  ?     Papa  is  dead.' 

Here  she  began  to  cry.     I  nearly  let  the  little  angel  fall. 

'Dead!'  I  exclaimed.  'Mary,  knowest  thou  what  it  is  to  be 
dead?' 

'  Yes,'  she  answered.  '  He  is  in  earth  and  in  heaven  ;'  and  she 
continued  of  her  own  accord,  '  I  pray  to  God  for  him,  moxDUig  and 
evening,  3t  mamma's  knees.' 

I  kissed  her  on  the  forehead. 

'  Mary,  say  to  me  thy  prayer.' 

'  I  could  not,  sir  ;  a  prayer  I  do  not  say  in  the  middle  of  the  day. 
Come  to-night  to  my  house,  and  you  shall  hear  me  say  it.' 


72        EFFECT  OF  PUBLIC  EXECUTIONS 

This  was  enough.     I  interrupted  her. 

•  Darling  Mary,  it  is  I  who  am  thy  papa.' 
'You!'  returned  she. 

I  added,  '  Wouldst  thou  hke  me  for  thy  papa?' 

The  child  turned  away. 

'  No,  sir,  my  papa  was  much  prettier.' 

I  covered  her  with  kisses  and  tears.  She  tried  to  escape  from 
my  arms,  crying,  '  Sir,  you  hurt  me  with  your  beard.'  Then  I 
replaced  her  on  my  knees,  devouring  her  with  my  eyes,  and  con- 
tinued— 

'  Mary,  canst  thou  read  ?' 

*  Yes,'  she  answered,  '  I  can  read  very  well.  Mamma  makes 
me  read  my  letters.' 

'  Well,  then,  read  a  little  to  me,'  said  I,  pointing  to  a  printed 
paper  which  she  held  crumpled  in  her  dimpled  hands. 

She  shook  her  pretty  head,  saying,  '  Oh  !  dear  me,  I  can  only 
read  fables.' 

'  But  try,  my  darling ;  come,  open  your  paper.' 

She  unfolded  the  paper  and  began  to  spell  with  her  finger,  'Sen 
— sen, — t  e  n  c  e — tence, — Sentence.'  I  snatched  it  from  her  hands. 
It  was  my  own  sentence  of  death  she  was  reading  to  me !  Her 
nurse  had  bought  the  paper  for  a  penny.  To  me  it  had  cost  more. 
No  words  can  convey  what  I  felt.  My  violence  had  alarmed  the 
child,  who  was  ready  to  cry.  Suddenly  she  said  to  me,  '  Do  give 
me  back  my  paper ;  I  want  to  play  with  it ! '  I  restored  her  to  her 
nurse.  'Take  her  hence!'  and  I  fell  back  in  my  chair,  gloomy, 
desolate,  in  despair.  Now  they  may  come ;  I  care  for  nothing 
more.     The  last  fibre  of  my  heart  is  broken. 

Some  writer  says,  that  when  we  see  an  execution, 
we  should  say,  Ihei-e  goes  my  father^  my  brother,  or  my 
son.  This  is  the  true  Christian  spirit.  How  many 
executions  would  take  place  in  our  world  if  such  a 
spirit  pervaded  society  ?  « 

And  when  the  scaffold  has  done  its  work,  and  the 
unfeeling  ministers  of  justice  have  left  the  scene,  to 
mingle  once  more  in  the  busy  crowd,  as  though  a  mere 
ordinary  occurrence  had  happened,  what  must  be  the 


UPON  DOMESTIC  LIFE.  73 

feeling,  the  intense  agony  of  grief  of  that  wife  or 
mother,  when  the  cold,  stiflened  body  is  carried  to  the 
dissecting  room,  or  brought  to  the  family  for  burial  ? 
Who  can  describe  the  anguish  of  that  hour?  How 
many  such  scenes  have  transpired  in  our  fair  world ! 

And  who  can  tell  whose  lot  it  may  be  ?  How  un- 
certain is  human  testimony  !  How  often  there  may 
be  perjury !  How  insinuating  is  temptation !  How 
frail  our  resolutions  !  How  liable  is  he  that  thinketh 
he  standeth  to  fall !  '  Does  the  reader,'  says  a  writer, 
'  startle  at  the  very  suggestion,  as  among  the  most  im- 
probable of  all  things  ?  I  can  tell  him  the  painful  fact, 
that  it  happened  to  myself,  several  years  ago,  to  call, 
at  a  distant  place,  on  a  gentleman  high  in  probity,  and 
in  personal  and  relative  respectability,  and  to  meet  at 
his  house,  by  accident,  another  gentleman  equally  so, 
who  would  have  both  started  with  horror,  and  kindled 
into  indignation,  had  any  one  then  predicted  what, 
nevertheless,  has  since  happened,  that  the  very  near 
relative  of  the  one  should  actually  die  by  the  common 
hangman  for  forgery,  and  the  equally  near  relative  of 
the  other  should  be  obliged  to  fly  from  his  country  to 
avoid  the  same  fate.'  How  many  are  in  prison  who 
felt  as  secure  as  the  most  virtuous !  *  When  I  look 
around  upon  these  men,'  said  the  warden  of  the  Mas- 
sachusetts State  Prison  to  the  writer,  '  I  often  think 
that  I  might  have  been  one,  had  I  been  placed  in  their 
circumstances.' 

And  even  innocence  has  suffered.*  But  the  mind 
is  overwhelmed  at  the  thought.  There  the  law  stands 
all  ghastly  and  bloody  !  There  is  the  judge  ready  to 
pronounce  the  sentence  !     There  is  the  cold,  mifeeling 

*  See  Essay  X.,  on  the  Irremediability  of  Capital  Punishments. 

7 


74        EFFECT  OF  PUBLIC  EXECUTIONS 

sheriff  ready  to  do  its  bidding.  We  have  never  seen 
the  office  of  hangman  and  judge  more  graphically 
described  than  in  the  following : 

INTERVIEW    BETWEEN    THE    HANGMAN    AND    THE    JUDGE. 

Did  your  lordship  ever  attend,  at  killing  time,  at  the  old  Bailey? 
If  not,  pray  favor  me  with  your  company — not  on  the  gallows,  hut 
staying  in  the  street  amid  a  crowd  that  always  assemble  when  I  am 
at  work  for  you  and  the  sheriff.  Perhaps  it  will  add  to  the  zest,  if 
you  come  when  I  have  a  young  woman  to  stiffen,  supplied  by 
yourself.  Will  the  fluttering  of  the  petticoats,  as  she  swings  in 
the  wind,  produce  a  pleasant  sound  in  your  ears,  my  learned  mas- 
ter? Fail  not  to  watch  the  people — the  men,  women,  and  chil- 
dren— good,  bad,  and  indifferent,  who  have  gathered  to  behold  the 
sacred  majesty  of  the  law.  You  will  see  such  flashing  of  the  eyes 
and  grinding  teeth — you  will  hear  sighs  and  groans,  and  words  of 
rage  and  hatred,  with  fierce  curses  on  yourself  and  me  ;  and  then 
laughter,  such  as  it  is,  of  an  unnatural  kind,  that  they  will  make 
you  sick  !  You  will  feel — no — why  you  feel  more  than  your  faith- 
ful journeyman  1  We  shall  go  to  our  breakfasts  with  good  appe- 
tites and  a  firm  conviction  that  every  hanging  but  changes  many 
sneaking  pilferers  into  savage  robbers,  fit  for  murder. 

A  few  years  ago  I  was  called  out  of  town  to  hang  a  little  boy 
who  had  been  convicted  of  killing  with  malice  aforethought.  If 
guilty,  he  must  have  been  in  the  habit  of  going  to  executions. 
Ten  thousand  came  to  dabble  in  the  poor  creature's  blood.  This 
was  the  youngest  fellow-creature  I  ever  handled  in  the  way  of 
business,  and  a  beautiful  child  he  was  too,  as  you  have  seen  by  the 
papers,  with  a  straight  nose,  large  blue  eyes,  and  golden  hair.  I 
have  no  heart,  no  feelings; — Avho  has  in  our  calling?  But  those 
who  came  to  see  me  strangle  that  tender  youngster,  have  hearts 
and  feelings  as  we  once  had.  Have — no,  had  ;  for  this,  they  saw, 
was  fit  to  make  tliem  as  hard  as  your  servant  or  his  master. 

They  saw  that  stripling  lifted,  fainting,  on  to  the  gallows,  his 
smooth  cheeks  of  the  color  of  wood  ashes,  his  little  limbs  trembling,  and 
his  bosom  heaving  sigh  after  sigh,  as  if  the  body  and  soul  icere  part- 
ing without  my  help. 

This  was  downright  murder,  for  there  was  scarcely  any  life  to 


UPON  DOMESTIC  LIFE.  75 

take  out  of  him.  When  I  began  to  pull  the  cap  over  his  baby  face, 
he  pressed  his  small  hands  together,  (his  arms,  you  know,  were 
corded  fast  to  his  body,)  and  he  gave  a  beseeching  look,  just  as  a 
calf  will  lick  the  butcher's  hand.  But  cattle  do  not  speak ;  the 
creature  muttered,  'Pray,  sir,  don't  hurt  me.'  'My  dear,'  an- 
swered I,  '  you  should  have  spoken  to  my  master.  I  'm  only  the 
journeyman,  and  must  do  as  I  'm  bid.'  This  made  him  cry,  which 
seemed  to  relieve  him,  and  I  do  think  I  should  have  cried  myself, 
if  I  had  not  heard  shouts  from  the  crowd,  '  Poor  lamb  I — shame, — 
murder!'  '  Quick,' said  the  sheriff.  '  Ready,' said  I.  The  rev- 
erend gentleman  gave  me  the  wink  ;  the  drop  fell — one  kick — and' 
he  swayed  to  and  fro,  dead  as  the  feelings  of  the  Christian  people  of 
England. 

The  crowd  dispersed,  some  swearing,  some  weeping,  as  if  hell 
had  broke  loose,  and  some  laughing,  while  they  cracked  blackguard 
jokes  on  you  and  me,  the  parson,  and  the  dangling  corpse.  They 
had  come  for  the  sight ;  they  would  have  come  to  see  an  angel 
murdered .  They  came  to  get  drunk  with  strong  excitement ;  they 
went  back  reeling  and  filthy  with  the  hot  debauch.  They  had 
come  to  riot  in  the  passions  of  fear  and  pity  ;  they  went  back,  some 
in  a  fever  of  rage,  some  burning  with  heat,  some  hardened  in  the 
heart  like  me,  or  you  ;  all  sunk  down  in  their  own  respect,  ready 
to  make  light  of  pain  and  blood,  corrupted  by  the  indecent  show  ; 
and  more  fit  than  ever  to  make  work  for  us,  the  judge  and  the 
hangman. 

O,  wise  law-makers !  who  think  to  soften  the  hearts  of  the  peo- 
ple ;  to  make  them  gentle  and  good ;  to  give  them  a  feeling  of  re- 
spect for  themselves  and  others,  by  showing  them  a  sight  like 
this ! — English  paper. 

INCIDENT    OF    ROBINSON    AND    HIS    CHILD. 

When  the  little  boy  was  removed  from  his  cell,  he  remembered, 
when  too  late,  that  he  had  not  bidden  him  farewell.  He  cried  out, 
'  I  did  n't  wish  him  good-by  I  I  shall  never  see  him  again  in  this 
world.'  He  burst  into  tears,  sat  on  the  floor  of  his  cell,  and  wept 
bitterly  over  two  hours  I 


ESSAY    VII. 

EFFECT    OF    ABOLISHMENT. 

Rome — Russia — Bombay — Belgium — Tuscany — Objection  of  Chee- 
ver — Singular  confession  of  Buonaparte. 

'  Away  with  the  executioner  and  the  execution,  and  tiie  very  name 
of  its  engine !  not  merely  from  the  limbs,  but  from  the  very  thoughts, 
the  eyes,  the  ears,  of  Roman  citizens ! — for  not  alone  the  occurrence 
and  the  endurance  of  all  these  things,  but  also  the  liability,  the  appre- 
hension, even  the  mere  mention  of  them,  are  unworthy  of  a  Roman 
citizen  and  a  free  man ! '  Cicero. 

In  various  parts  of  our  labor,  we  have  endeavored  to 
show  that  the  punishment  of  death  tended  strongly  to 
weaken  the  doctrine  of  the  sacredness  of  human  hfe, 
and  to  destroy  the  morals  of  society.  We  intend  now 
to  take  still  higher  ground,  and  show  that  community 
is  actually  more  prosperous  and  happy  where  the  law 
has  been  abolished.  A  few  examples  from  history 
must  suffice. 

Rome. — We  are  told  that,  for  two  centuries  and  a  half,  through- 
out the  better  age  of  the  Roman  republic,  that  the  infliction  of  the 
punishment  of  death  was  expressly  forbidden  by  the  famous  Por- 
cian  law,  passed  in  the  four  hundred  and  fifty-fourth  year  of  Rome, 
by  the  tribune  Porcius  Lecca.*  It  is  true  there  were  exceptions. 
The  exile  of  Cicero  turned  upon  the  violation  of  this  law,  in  his 
infliction  of  this  punishment  upon  the  Catilinarian  conspirators. 
And  in  the  case  of  Manlius,  whose  courage  had  delivered  Rome, 
but  who  was  precipitated  from  the  Tarpeian  rock  when  his  ambi- 

*  Livy,  X.  9.  Cicero  pro  Rabirio,  iii.  4:  In  Verrem,  v.  63  j  SalluSl, 
Cat.  51.     See  Adam's  Roman  Antiquities. 


EFFECT  OF  ABOLISHMENT.  77 

tion  aspired  to  tyranny.  And,  in  respect  to  its  operation,  '  The 
penal  laws  of  the  kings  and  those  of  the  Twelve  Tables  were  nearly 
abolished  during  the  republic,'  says  Montesquieu,  '  either  in  conse- 
quence of  the  Valerian  law,  made  by  Valerius  Publicola,  shortly 
after  the  expulsion  of  the  kings,  or  else  in  consequence  of  the  Por- 
cian  law.  The  republic  was  not  the  worse  regulated,  and  no  injury 
was  done  to  the  police.'  '  In  this  period,'  writes  Blackstone,  '  the 
republic  flourished  :  under  the  emperors  severe  punishments  were 
revived ;  and  then  the  empire  fell.^ 

Russia. — The  empress  Elizabeth,  on  ascending  the  throne, 
pledged  herself  never  to  inflict  the  punishment  of  death,  and  this 
pledge  she  kept  for  twenty  years.  From  that  day  to  the  present, 
only  two  occasions  have  occurred  in  which  it  has  been  inflicted  ; 
once,  under  Catharine,  upon  a  notorious  brigand  chief,  who  had 
long  defied  the  government,  and  at  the  commencement  of  the  reign 
of  the  present  emperor  Nicholas,  to  suppress  a  rebellion  which  had 
filled  the  streets  with  blood.  Five  of  the  thirty  leading  nobles 
were  put  to  death, gather  as  a  political  measure  than  as  one  of 
ordinary  social  justice.  '  The  Count  de  Segur,  on  his  return  from 
his  embassy  at  St.  Petersburgh,  in  a  letter  published  in  the  Moni- 
teur,  in  June,  1791,  declared  that  Russia,  under  the  operation  of 
this  law,  was  one  of  the  countries  in  which  the  least  number  of 
murders  was  committed, — adding  that  Catharine  herself  had  several 
times  said  to  him:  '^  We  must  punish  crime  without  imitating  it; 
the  punishment  of  death  is  rarely  anything  but  a  useless  barbarity."  ' 

A  writer,  whom  we  take  to  be  O'Sullivan,  says,  '  The  Russian 
representatives  in  this  country,  with  whom  we  have  conversed,  have 
borne  a  similar  testimony,  as  to  the  comparative  infrequency  of 
murders,  in  view  of  the  vast  multitudes  and  rude  character  of  the 
population  ;  and  stated  that  all  the  intelligent  public  opinion  there 
is  perfectly  settled  on  this  subject,  no  one  thinking  of  returning  to 
the  death-punishment.'* 

'  Blush  I  ye  countries  of  a  longer  civilization,'  says  a  Russian 
writer,  '  that  Russia  should  teach  you  the  celestial  principle  of 
reforming  depraved  morals,  not  by  the  sanguinary  execution  of 


*  For  some  very  able  remarks  £ind  documents  on  the  subject  of  the 
Punishment  of  Death,  see  Democratic  Review,  March  and  April,  1843. 


78  EFFECT  OF  ABOLISHMENT. 

inexorable  justice,  but  by  the  mild  and  divine  precepts  of  heavenly 
mercy 


»# 


The  punishment  of  death  was  removed  a  century  ago  by  the 
empress  Elizabeth.  'Experience  demonstrates,' she  says,  'that 
the  frequent  repetition  of  Capital  Punishment  never  yet  made  men 
better.  If,  therefore,  I  can  show  that,  in  the  ordinary  state  of  soci- 
ety, the  death  of  a  citizen  is  neither  useful  nor  necessary,  I  shall 
have  pleaded  the  cause  of  humanity  with  success.' 

Her  reign  did  more  to  exalt  the  nation  than  all  the 
pomps  of  war  and  victory  achieved  by  her  greatest 
conquerors. 

Bombay. — Sir  James  Mackintosh,  in  his  farewell 
charge  to  the  grand  jury  of  the  supreme  court  at  Bom- 
bay, July  20,  1811,  presents  the  following  facts: 

Since  my  arrival  here,  in  May,  1804,  the  punishment  of  death 
has  not  been  inflicted  by  this  court.  Now,  the  population  subject 
to  our  jurisdiction,  either  locally  or  personally,  cannot  be  less  than 
two  hundred  thousand  persons.  Whether  any  evil  consequence 
has  yet  arisen  from  so  unusual  (and  in  British  dominions  unexam- 
pled) a  circumstance,  as  the  disuse  of  Capital  Punishment,  for  so 
long  a  period  as  seven  years,  or  among  a  population  so  considera- 
ble, is  a  question  which  you  are  entitled  to  ask,  and  to  which  I 
have  the  means  of  aflfording  you  a  satisfactory  answer. 

From  May,  1756,  to  May,  1763,  (seven  years,)  the  capital  con- 
victions amounted  to  one  hundred  and  forty-one,  and  the  executions 
were  forty-seven.  The  annual  average  of  persons  who  suffered 
death  was  almost  seven,  and  the  annual  average  of  capital  crimes 
ascertained  to  have  been  perpetrated ,  was  nearly  twenty. 

From  May,  1804,  to  May,  1811,  there  have  been  one  hundred 
and  nine  capital  convictions.  The  annual  average,  therefore,  of 
capital  crimes  legally  proved  to  have  been  perpetrated  during  that 


*  Travels  in  Kamschatka  and  Siberia,  &c.  By  Peter  Dobell,  coun- 
cillor of  the  court  of  His  Imperial  Majesty,  the  emperor  of  Russia. 
London,  1830. 


EFFECT  OF  ABOLISHMENT.  79 

period,  is  between  fifteen  and  sixteen.  During  this  period  there 
has  been  no  capital  execution. 

But,  as  the  population  of  this  island  has  much  more  than  doubled 
during  the  last  fifty  years,  the  annual  average  of  capital  convictions 
ought  to  have  heen  forty,  in  order  to  show^  the  same  proportion  of 
criminality  with  that  of  the  first  seven  years.  And  between  1756 
and  1763  the  military  force  was  comparatively  small.  A  few  fac- 
tories or  small  ports  only  depended  on  this  government.  Between 
1804  and  1811,  five  hundred  European  oiEcers,  and  probably  four 
thousand  European  soldiers,  were  scattered  over  extensive  terri- 
tories. From  May,  1797,  to  May,  1804,  there  were  eighteen  con- 
victions for  murder,  of  which  I  omit  two,  as  of  a  very  particular 
kind.     In  that  period  there  were  twelve  capital  executions. 

From  May,  1804,  to  May,  1811,  there  were  six  convictions  for 
murder,  omitting  one  which  was  considered  by  the  jury  as  in  sub- 
stance a  case  of  manslaughter  with  some  aggravation.  The  mur- 
ders in  the  former  period  were,  therefore,  very  nearly  as  three  to 
one  to  those  in  the  latter,  in  which  no  capital  punishment  was 
inflicted. 

This  small  experiment  has,  therefore,  been  made  without  any 
diminution  of  the  security  of  the  lives  and  property  of  men.  Two 
hundred  thousand  men  have  been  governed  for  seven  years  without, 
a  Capital  Punishment,  and  without  any  increase  of  crimes.  If  any 
experience  has  been  acquired,  it  has  been  safely  and  innocently 
gained.* 

Belgium. — Capital  Punishment  has  been  practically 
abolished  here  since  1829.  Mr.  Hume  stated  in  par- 
liament, in  May,  1837,  that,  in  visiting  a  prison  in 
which  he  found  several  persons  who  had  been  con- 
demned for  capital  offences,  he  '  learned  from  the  offi- 
cer superintending  it,  that,  from  his  experience,  the 
abolition  of  Capital  Punishment  tended  greatly  to 
soften  the  disposition  of  the  mass  of  the  people.'  Mr. 
Ewart,  a  member  of  parliament,  made  the  following 
statement : 

♦  See  a  work  on  the  Punishment  of  Death.  By  Thomas  Wrishtsok. 
p.  55.     London:  1837. 


80 


EFFECT  OP  ABOLISHMENT. 


In  1834,  the  population  of  France  and  Prussia  was  fifty  millions, 
yet  the  number  of  Capital  Punishments  in  those  countries  in  that 
year  amounted  to  only  seventeen  ;  while,  in  England  and  Wales, 
the  population  of  which  was  only  fifteen  millions,  the  executions 
were  thirty-four.  This  was  a  proof  that,  as  the  criminal  code  was 
less  sanguinary,  crimes  became  less  frequent.  For  five  years, 
ending  in  1829,  the  executions  in  France  amounted  to  three  hun- 
dred and  fifty-two,  and  the  trials  to  one  thousand  one  hundred  and 
eighty-two  ;  but  in  the  five  years  ending  in  1834,  when  the  punish- 
ment of  death  was  very  much  lessened,  the  executions  were  one 
hundred  and  thirty-one,  and  the  trials  one  thousand  one  hundred 
and  thirty-two  ; — thus  showing  that,  as  Capital  Punishment  de- 
creased, crimes  also  decreased.  This  was  shown  in  the  case  of 
Belgium.  In  the  four  years  ending  1829,  the  executions  were 
seventeen,  and  the  trials  forty-nine  ;  while,  in  the  four  years  ending 
in  1834,  there  were  no  executions,  and  yet  trials  had  decreased,  for 
they  were  then  only  forty-one. 

To  show  that  crimes  diminish  with  the  abohtion  of 
the  punishment  of  death,  we  present  the  following, 
taken  from  the  official  tables : 

Abstract  of  Returns  printed  for  the  Chamber  of  Deputies. 


PERIODS. 

CAPITAL  CONVICTIONS. 

KXtCUXlOJNS. 

Five  years  ending 

Murder. 

Other  crimes. 

Total. 

With  1804,  .   .   . 

150 

203 

353 

235 

"     1809,  .   .   . 

82 

70 

152 

88 

"     1814,  .   .   . 

64 

49 

113 

71 

"     1819,  .   .   . 

42 

29 

71 

26 

"     1824,  .   .   . 

38 

23 

61 

23 

"     1829,  .   .  . 

34 

40 

74 

22 

"     1834,  .   .   . 

20 

23 

43 

None. 

M.  DucPETiAux,  the  inspector  general  of  prisons,  in 
his  statistique  de  la  Peine  de  Mort,  has  shown  conclu- 
sively that,  with  the  decrease  of  executions,  the  most 
dangerous  and  malignant  crimes  diminish.      He  takes 


EFFECT  OF  ABOLISHMENT. 


81 


the  seven  provinces  of  Belgium,  and  presents  the  fol- 
lowing result : 


BELGIUM. 

EXKCUTION.S. 

MURDERS. 

In  19  years  ending  willi  1814, 
In  15  years  ending  with  1829, 
In  5  yerirs  eiidins  with   18.34. 

f.3.3 
72 

None. 

'■&.i.  or  21  per  annum. 
1 14,  or  8  per  annum. 
2'i.  or  4  i)i"r  annum. 

We  see  here  that  the  mitigation  of  the  penal  code, 
instead  of  emboldening  men  to  commit  crime,  produces 
an  opposite  effect.  Violence  familiarizes  the  popular 
mind  with  the  shedding  of  blood.  Infuse  mildness 
into  human  morals,  and  protection  is  restored  to 
life. 

England  and  Wales. — While  writing  on  this  sub- 
ject, a  very  important  document  has  just  come  to  hand, 
which  was  presented  to  the  British  parliament.  It 
comprises  seven  tables,  and  presents  abundant  proof, 
to  employ  the  words  of  the  report,  '  that  the  penalty 
operates  much  more  powerfully  as  an  example  of  hom- 
icide for  imitation,  than  as  an  example  of  terror  to 
deter ;  and  is,  in  fact  and  truth,  a  cause  of  the  commis- 
sion of  murder.' 


The  first  table  gives  the  commitments  and  executions  for  murder 
during  the  thirty  years  ending  December,  1842,  divided  into  five 
periods  of  six  years  each.  They  show  that,  in  the  last  six  years, 
with  only  fifty  executions,  the  commitments  for  murder  were  fewer 
by  sixty-one,  than  in  the  six  years  ending  December,  18.36,  with 
seventy-four  executions  ;  fewer  by  sixty  than  in  the  six  years  end- 
ing December,  1830,  with  seventy-five  executions  ;  fewer  by  fifty- 
six  than  in  tlie  six  years  ending  December,  1824,  with  ninety-one 
executions  ;  and  fewer  by  ninety-three  than  in  the  six  years  ending 
with  1818,  when  the  executions  amounted  to  the  large  number  of 
one  hundred  and  twenty-two. 


82  EFFECT  OF  ABOLISHMENT. 

The  following  are  the  results  of  Table  III. : 

.  That  in  the  years  following  the  execution  of  all 
convicted,  the  commitments  for  murder,  as 
compared  with  those  of  the  previous  year, 
decreased    .......       2  per  cent. 

Table  IV,,  shows  in  the  years  following  com- 
mutation, the  commitments  for  murder  de- 
creased        .......     35      do. 

Table  V. ,  that  in  the  years  following  acquittals 
on  the  ground  of  insanity,  the  commitments 
for  murder  decreased         ....         32      do. 

Table  VI.,  that  in  the  years  following  those  in 
which  there  were  commitments  and  no  con- 
viction, the  commitments  decreased     .         .       23      do. 

Tuscany. — Here  we  find  the  most  satisfactory  proofs 
of  the  practical  advantages  resulting  from  the  abolish- 
ment of  Capital  Punishment.  The  grand  duke,  Leo- 
pold, ascended  the  throne  in  1765,  and,  governed  by 
the  enlightened  counsels  of  Beccaria,  he  commenced, 
a  general  reform  of  the  penal  code.  After  showing 
that '  the  proper  objects  of  punishment'  are  '  the  redress 
of  injury'  and  '  the  correction  of  the  delinquent,'  and 
that  he  ought  to  be  '  regarded  as  a  child  of  the  state,' 
and  that  his  '  amendment  ought  never  to  be  abandoned 
in  despair,'  he  goes  on  to  decree  in  the  following  lan- 
guage : 

We  have  resolved  to  abolish,  and  by  the  f  resent  law  do  abolish,  for- 
ever, the  punishment  of  death,  which  shall  not  be  inflicted  on  any 
criminal,  present  or  refusing  to  appear,  or  even  confessing  his 
crime,  or  being  convicted  of  any  of  those  crimes  which  in  the  lawa 
prior  to  these  we  now  promulgate,  and  which  we  will  have  to  be 
absolutely  and  entirely  abolished,  were  styled  capital. 

Let  us  now  look  at  tlie  effects  of  this  experiment. 
M.  Berenger,  in  his  report  to  the  French  Chamber  of 


EFFECT  OF  ABOLISHMENT.  83 

Deputies,  in  1830,  says  the  punishment  of  death  was 
abolished  during  a  period  of  twenty-five  years  in  Tus- 
cany, '  and  the  mildness  of  the  penal  legislation  had 
so  improved  the  character  of  the  people  there,  that 
there  was  a  time  when  the  prisons  of  the  Grand  Duchy 
were  found  entirely  empty.  Behold  enough  to  prove 
sufficiently  that  the  abolition  of  the  punishment  of 
death  is  capable  of  producing  the  most  salutary  effects.' 
Mr.  Livingston  says,  *  that  in  Tuscany,  where  murder 
was  not  punished  with  death,  only  five  had  been  com- 
mitted in  twenty  years ;  while  in  Rome,  where  that 
punishment  is  inflicted  with  great  pomp  and  parade, 
sixty  murders  were  committed  in  the  short  space  of 
three  months,  in  the  city  and  the  vicinity.' 

M.  Carmignani,  a  distinguished  professor  of  crimi- 
nal law  in  the  University  of  Paris,  also  demonstrates 
the  happy  effects  attending  the  abolition  of  the  punish- 
ment of  death.*= 

In  a  treatise  upon  public  punishments,  read  to  a 
society  that  met  at  the  house  of  Franklin,  in  the  year 
1787,  we  find  the  following:  'A  gentleman,  who 
resided  five  years  at  Pisa,  said  that  only  five  murders 
had  been  perpetrated  in  his  dominions  in  twenty  years 
since  the  abolition.'! 

♦  See  the  Recueil  des  Debats,  &c.  By  M.  Lucas.  Paris  :  1831 ; 
pp.  19,  149. 

t  See  the  whole  treatise  in  a  work  entitled  'Essays,  Literary,  Moral 
and  Philosophical.  By  Benjamin  Rush,  M.  D.'  We  had  occEision  to 
remark,  in  our  first  essay,  that  the  sentiments  were  attributed,  by  Liv- 
ingston and  other  eminent  jurists,  to  Franklin  himself.  If  it  were 
intentional,  it  was  probably  thought  to  add  to  their  authority,  forgetting 
that  the  name  of  Rush  will  always  be  dear  to  all  the  lovers  of  human- 
ity ;  as  he  was  among  the  first  in  America  to  urge  the  mitigation  of 
our  penal  code  and  the  abolition  of  slavery. 


84  EFFECT  OF  ABOLISHMENT. 

We  close  our  testimonies  by  citing  the  words  of  the 
grand  duke  of  Tuscany  himself,  after  the  experiment 
had  been  tried : 

With  the  utmost  satisfaction  to  our  paternal  feelings,  we  have  at 
length  perceived  that  the  mitigation  of  punishment,  joined  to  a  most 
scrupulous  attention  to  prevent  crimes,  and,  also,  a  great  despatch 
in  the  trials,  together  with  a  certainty  of  punishment  to  real  delin- 
quents, has,  instead  of  increasing  the  number  of  crimes,  considera- 
bly diminished  that  of  smaller  ones,  and  rendered  those  of  an  atro- 
cious nature  very  rare.* 

We  have  been  particular  in  reference  to  Tuscany, 
because  the  experiment  has  been  faithfully  tried  there, 
and  because  the  Rev.  Mr.  Cheever,  of  New  York,  in 
reply  to  O' Sullivan,  has  alleged  its  entire  failure.  He 
refers  to  it  in  a  very  triumphant  manner.  We  regret 
to  see  such  a  spirit.  We  do  not  impugn  his  motives, 
but  we  mean  to  make  the  remark  general.  Surely, 
we  have  had  the  reign  of  blood,  and  chains,  and  gib- 
bets long  enough.  Society  is  slow  enough  in  making 
innovations,  especially  where  human  life  is  concerned, 
which  is  far  less  sacred  in  this  speculating  age  than 
PROPERTY.  But  the  time  will  come,  when  '  a  man  will 
be  more  precious  than  fine  gold,  even  a  man  than  the 
golden  wedge  of  Ophir.'  Mr.  Cheever  says,  '  The  ex- 
periment proved  so  unsatisfactory,  that  the  govern- 
ment restored  the  penalty  of  death  for  the  restraint  of 
crime.'  To  confirm  his  statement,  he  presents  a  letter 
from  a  resident  on  the  spot  in  Florence,  near  the  time 
when  the  statute  was  re-promulgated. 

*  See  a  Selection  of  articles  from  the  London  Morning  Herald,  vol. 
ii.  pp.  246,  376.  Also,  a  report,  in  favor  of  the  abolition  of  the  punish- 
ment of  death,  to  the  New  York  Legislature,  p.  104.  184L  By  J. 
O'Spllivan. 


EFFECT  OF  ABOLISHMENT.  85 

We  do  not  deny  that  the  punishment  of  death  has 
been  restored,  neither  does  his  opponent,  Mr.  O'Sulli- 
van,  in  the  debate  in  the  tabernacle,  at  New  York. 
But  before  Mr.  Cheever  had  triumphed,  it  would  have 
been  as  well  to  have  become  acquainted  with  the  cir- 
cumstances. M.  Carmignani  says,  '  that  the  re-estab- 
lishment of  the  punishment  was  chiefly  through  the 
power  of  the  absolute  will  of  Bonaparte,  in  1795.  And 
its  re-enactment,  by  his  penal  code,  for  Italy,  in  1806, 
was  the  result  of  an  intrigue  of  a  bigoted  and  preju- 
diced clique,  in  opposition  to  the  wishes  of  all  the  mag- 
istrates, to  the  views  of  all  the  enlightened  jurists  of 
the  country,  and  to  all  the  evidence  which  their  recent 
experience  has  afl!brded.'  Leopold  succeeded  to  the 
empire  in  J  790.  '  It  is  infinitely  to  be  regretted,'  says 
O'Sullivan,  in  his  able  report,  '  that  the  great  reform 
thus  successfully  begun  by  him,  should,  at  about  that 
period,  have  undergone  the  fate,  of  course  unavoidable, 
of  being  drowned  in  the  deluge  of  blood  poured  over 
all  Europe  by  the  national  struggles  and  convulsions 
of  which  the  French  Revolution  was  the  signal;  and 
that  whatever  was  left  of  it  from  that  fate,  was  crushed 
out  by  the  war-shod  heel  of  the  great  soldier,  whose 
memory  the  friends  of  the  cause  of  liberty  and  human- 
ity have  so  nuich  reason,  with  the  same  breath,  to  bless 
and  to  curse.'  Here,  then,  we  see  the  reason  of  its 
restoration.  It  was  effected  by  the  absolute  will  of 
Bonaparte,  the  great  tyrant,  who  desolated  kingdoms 
with  a  word,  and  who  was  the  means  of  murdering 
about  six  millions  of  our  race  !  Mr.  Cheever,  is,  indeed, 
welcome  to  rejoice  at  the  re-enactment  of  the  bloody 
law  by  such  a  man.  But  the  real  motive  is  not  gene- 
rally known.  We  have  been  so  fortunate  as  to  obtain 
the  very  language  of  the  tyrant  himself     We  have 


86  EFFECT  OF  ABOLISHMENT. 

come  into  possession  of  a  letter,  written  by  the  Hon. 
Edward  Livingston,  to  the  Hon.  T.  Purinton,  member 
of  the  senate  of  Maine,  dated  New  York.  Dec.,  1835. 
After  urging  several  reasons  for  the  abolishment  of 
the  punishment  of  death,  he  proceeds  to  meet  the  very 
objection  urged  by  Mr.  Cheever: 

Why,  it  may  be  asked,  if  the  abolition  in  Tuscany  was  attended 
with  such  beneficial  results,  why  was  it  not  continued  f  Why  was 
the  punishment  of  death  restored]  It  was  restored  because  an 
enlightened  and  humane  sovereigi;  was  succeeded  by  a  foreign  con- 
queror. It  was  known  that  the  code  of  Leopold  was  abolished  by 
the  French  conquest ;  but  the  policy  of  the  conqueror  has  just  been 
disclosed.  A  late  paper,  printed  in  Paris,  has  just  been  sent  to  me. 
It  contains  the  review  of  a  work  lately  published  by  Louis,  the 
brother  of  Napoleon,  in  which  the  principles  of  the  emperor,  on  the 
subject  in  question,  are  laid  open  in  the  following  extract  from  the 
work,  in  which  the  author  gives  his  reasons  for  declining  the  sov- 
ereignty of  Tuscany,  which  his  brother  offered  him. 

'  In  the  conference  at  Mantua,  I  asked  him  (the  emperor)  whether 
he  would  permit  me  to  govern  the  kingdom  which  he  proposed  to 
confide  to  me,  entirely  after  my  own  fashion,  so  far  as  it  regarded 
the  interior,  provided  1  left  the  whole  exterior  relations  to  him  1  "I 
understand  you,"  he  replied,  "  and  will  answer  you  in  the  spirit  of 
frankness  with  which  you  have  spoken.  In  the  interior,  as  in  the 
exterior,  all  belonging  to  me  must  follow  my  orders.  You  wish 
to  act  the  Medicis  at  Florence  :  no  I  this  cannot  be.  You,  in  my 
place,  would  act  precisely  as  I  do  now.  The  interest  of  France  is 
the  point  to  which  everything  must  tend  ; — codes,  taxes,  and  con- 
scriptions,— everything  in  your  kingdom  must  be  to  the  profit  of 
mine.  If  I  allowed  you  to  make  Tuscany  happy  and  tranquil,  all 
travellers  from  France  would  envy  it.''^  ' 

Thus,  we  see  that  the  great  experiment  of  Leopold  was  given 
up  when  it  had  had  the  result  the  most  glorious  for  humanity,  be- 
cause it  would  have  made  Tuscany  happy,  and  excited  the  envy  of 
France. 

What  a  singular  reason  for  restoring  the  punishment 
of  death  !     What  a  great  fact  is  proved  by  this  confes- 


EFFECT  OF  ABOLISHMENT.  87 

sion  !  '  If  I  allowed  you  to  make  Tuscany  happy  and 
tranquil,  all  travellers  from  France  would  envy  it!' 
And  how  did  the  tyrant  intend  to  prevent  that  happi- 
ness 7  "Was  it  by  continuing  the  state  of  things  brought 
about  by  abolishing  Capital  Punishment?  No.  It  was 
by  restoring  the  cruel  law.'  Everything  must  be  sacri- 
ficed to  France.  '  Tlie  interest  of  France  is  the  point  to 
which  everything  else  must  lend^  codes,  taxes  and  con- 
scriptions ! '  Here  is  revealed  the  true  spirit  of  those 
who  are  governed  by  human  policy,  and  who  strive  to 
build  up  earthly  kingdoms.  No  matter  who  perishes 
so  long  as  the  throne  stands !  And  what  tyrant  on 
earth  could  reign  a  single  moment  if  the  law  of  the 
punishment  of  death  were  abolished  7 


ESSAY    VIII. 

DANGEROUS    TO    LIBERTY. 

Connection  of  subject  with  human  freedom — Declaration  of  rights— 
Suicide-office — History — No  repvilic  founded  on  inviolability  of 
life — Difficulty  of  defining  treason  and  heresy — Emmet  and 
Washington — Danger  of  the  author  under  some  forms  of  govern' 
ment — Length  of  charges  against  O^  Connell — Treason  in  reign 
of  Henry  VIII. — Story  of  Prince  David —  Colonel  Dawson — Sin- 
gular fact  in  reference  to  Mr.  Dorr,  in  Rhode  Island,  respecting 
treason — French  revolution — Robespierre^ s  speech  against  Capital 
Punishment — Son  of  God  a  victim  to  this  law — Stories  of  Colonel 
Hayne — Mrs.  Gaunt — Lady  Lisle — Testimony  of  La  Fayette. 

'  Those  who  ask  for  the  adjournment  of  this  proposition  have  not 
had  the  misfortune  to  see  their  families  dragged  to  the  scaflTold.  I  am, 
for  my  part,  the  enemy  of  the  punishment  of  death,  and,  above  all, 
the  enemy  of  the  punishment  of  death  in  political  matters.' 

La  Fayette. 

Few  persons  are  aware  of  the  inseparable  connection 
between  the  doctrine  of  the  InviolabiUty  of  Human 
Life  and  rehgious  and  civil  freedom.  There  is  no  per- 
manent security  for  any  sect  or  party  in  a  state  of 
society  where  this  sentiment  is  not  acknowledged. 
Even  the  most  innocent^  may  be  condemned,  espe- 
cially during  periods  of  great  excitement.  We  feel, 
then,  that  we  are  doing  a  work  of  humanity;  that  we 
are  attempting  to  lay  a  broader  foundation  for  the 
whole  social  fabric  ;  one  not  to  be  laid  amid  the  suffer- 
ings and  groans  of  our  fellow-beings ;  one  not  cemented 
by  blood  and  tears,  but  resting  on  the  immutable  prin- 
ciples of  truth. 

*  See  Essay  X.,  on  the  Irremediability  of  Capital  Punishment. 


DANGEROUS  TO  LIBERTY.  89 

Our  Declaration  of  Rights  says  that  '  all  men  are  cre- 
ated equal;  that  they  are  endowed  by  their  Creator 
with  certain  inalienable  rights ;  that  among  these  are 
life,  liberty,  and  the  pursuit  of  happiness.'  But,  is 
our  right  to  life  secured  while  the  doctrine  of  the  invi- 
olability of  human  life  is  denied?  It  may  be  said 
that  it  was  the  great  design  of  the  framers  of  our  con- 
stitution to  secure  this  right.  We  freely  admit  that 
such  was  the  object ;  but,  then,  we  have  inwoven  in 
all  our  laws,  civil  and  martial,  the  life-taking  prin- 
ciple ;  thus,  building  up  with  the  one  hand,  and  throAV- 
ing  down  with  the  other.  It  may  be  said,  that,  as 
members  of  the  compact,  we  agree  to  give  up  a  certain 
portion  of  our  rights.  Admitting  this  compact,  we 
have  shown,  in  our  first  essay,  that  man  could  not 
give  the  right  of  life  to  any  being  or  government,  for 
he  has  no  right  to  take  his  own  life ;  and,  of  course, 
cannot  give  it  to  another.  We  have  shown, — and  we 
wish  the  advocates  of  the  present  law  would  look  at 
this  point, — that,  to  be  consistent,  they  must  maintain 
suicide  to  be  justifiable ;  an  act  which  many  of  them 
think  punishable  with  eternal  death.  In  order  to  sus- 
tain this  mode  of  punishment,  M.  Urtis,  in  France, 
actually  maintained  the  justifiableness  of  suicide.*  Let 
the  advocates  of  this  cruel  law,  then,  be  consistent, 
and  make  regulations  and  enactments  respecting  the 
time  when  a  man  may  take  his  own  life,  whether  in 
youth,  manhood,  or  old  age  !  Would  it  not  be  well  to 
have  the- best  method  pointed  out, — whether  drowning, 
hanging,  beheading,  or  shooting,  is  the  easiest  mode  1 
And  would  it  not  be  well  to  have  certain  men  duly 
elected  for  this  work,  and  have  a  sort  of  suicide-office  ? 

*  See  Essay  T.,  p.  18. 


90  DANGEROUS  TO  LIBERTY. 

The  hangman  might  be  appointed,  as  he  has  not  much 
to  do  at  present.  We  hope  we  shall  not  be  accused  of 
levity  on  a  subject  so  solemn  in  its  nature ;  for,  really, 
we  have  never  felt  more  deeply  than  since  we  have 
turned  our  attention  to  this  subject.  We  feel  that  its 
bearings  are  not  seen  nor  understood. 

It  may  be  said  that  we  are  in  no  danger ;  that  lib- 
erty is  secured ;  that  it  has  been  purchased  by  the 
blood  of  our  fathers,  and  that  we  shall  never  have  a 
revolution  that  will  overthrow  our  institutions.  Yes ; 
but  our  very  boasting  may  be  our  destruction ;  the 
very  manner  in  which  our  liberties  were  obtained, 
may  be  the  reason  why  they  may  be  destroyed. 
Whatever  is  obtained  by  violence  may  be  taken  away 
in  the  same  manner.  How  little  is  that  solemn  decla- 
ration considered,  that  dropped  from  the  lips  of  the 
great  Teacher,  even  while  one  of  his  disciples  held  the 
sword  in  his  hand :  '  All  they  that  take  the  sword  shall 
perish  by  the  sword.'  How  much  is  contained  in  this 
declaration  !  Would  that  its  .  solemn  import  might 
sink  deep  into  the  heart  of  every  sovereign  and  every 
legislator.*  But  why  should  we  consider  our  govern- 
ment safe  ?  Are  not  the  same  passions  at  work  that 
have  overthrown  every  republic  1  Does  not  the  tide 
of  party  spirit  even  now  run  so  high  that  life  is  endan- 
gered 7  Look  into  the  religious  world.  See  the  fires 
of  persecution  still  burning  upon  the  altar  !  And  may 
there  not  be  some  turn,  either  in  the  religious  or  politi- 
cal world,  that  shall  make  even  our  streets  flow  with 
blood?     Let  us  take  warning  from  the  past.     History 


*  Here,  as  in  other  instances,  we  find  our  remarks  leading  to  the 
subject  of  War.  But  we  have  preferred  to  present  that  in  a  work  on 
which  we  are  now  engaged. 


DANGEROUS  TO  LIBERTY.  91 

is  little  else  than  a  record  of  human  follies  and  crimes. 
The  tears,  and  sighs,  and  groans,  of  the  widow  and  the 
orphan  have  been  disregarded.  Let  us  consider  the 
scenes  of  by-gone  days.  We  look  now  at  the  revolu- 
tions in  our  world,  at  the  downfall  of  republics,  yet 
imagine  we  are  safe  ;  but  what  was  the  cause  of  their 
destruction  7  Did  they  not  admit,  in  all  their  laws, 
the  punishment  of  death  1  *  Was  not  this  bloody  law 
called  into  action  whenever  it  suited  the  reigning 
tyrant  or  dominant  party,  either  when  political  or 
spiritual  despotism  had  the  ascendency]  for  the  re- 
marks that  will  apply  to  the  one  are  equally  applica- 
ble to  both.  For,  what  is  treason  7  What  is  heresy  1 
Who  is  to  define  either  ?f     By  looking  at  history,  we 


*  Rome,  we  know,  for  two  centuries  and  a  half,  abolished  Capital 
Punishment  in  her  criminal  code.  And  what  was  the  result  ?  Black- 
stone  says,  '  In  this  period,  the  republic  flourished :  under  the  emperors, 
«evere  punishments  were  revived,  and  then  the  empire  fell.'  We  think 
we  are  safe  in  saying,  that  no  republic,  either  ancient  or  modern,  has 
c  /er  recognized  the  true  doctrine  of  the  Inviolability  of  Human  Life. 
We  ought,  perhaps,  to  except  that  of  William  Penn,  'who,'  says  Vol- 
taire, '  made  the  only  treaty  that  ever  was  made  without  blood,  and 
the  only  one  that  never  was  broken ! '    See  p.  214  of  this  work. 

t  The  author,  while  writing  this  very  chapter,  would  be  indicted, 
under  some  forms  of  government,  for  high  treason,  and  if  he  were  not 
carried  to  the  flames  himself,  his  works  would  probably  meet  that  fate. 
Every  tyrant  has  clung  to  this  form  of  punishment  with  a  death-grasp ; 
for,  without  it,  no  tyrant  on  earth  could  remain  upon  his  throne ;  though, 
while  it  is  his  security  on  the  one  hand,  it  is  his  terror  on  the  other. 
And  then,  again,  from  the  peculiarities  of  his  faith,  the  author  might 
be  considered  a  heretic ;  thus  making  himself  an  object  of  vengeance, 
both  among  political  and  spiritual  despots.  We  respectfully  ask  the 
advocates  of  Capital  Punishment  in  what  manner  they  would  dispose 
of  such  a  case.  Perhaps  they  would  try  to  make  the  old  adage  true, 
'  to  be  hung  and  pay  forty  shillings.' 

To  illustrate  the  difficulty  of  defining  treason,  Mr.  Rantoul,  an  emi- 
nent jurist,  informed  the  writer  that  he  had  five  huge  volumes  on  that 


92  DANGEROUS  TO  LIBERTY. 

shall  see  '  that  treason  and  patriotism  are  convertible 
terms,  and  that  it  is  success  or  failure  that  crowns  the 
adventurer  with  laurels,  or  brands  him  with  infamy.' 
What  was  treason  in  Emmet  was  patriotism  in  Wash- 
ington. Indeed,  how  many  instances  have  happened 
where  the  individual,  in  different  periods  of  his  life, 
has  been  sometimes  the  traitor  and  sometimes  the 
patriot.  How  frequently  was  that  the  case  in  the 
French  Revolution ;  an  event  which  shows,  in  the  most 
solemn  manner,  the  evils  attending  the  punishment  of 
death.  Each  party  was  afraid  of  the  other,  and  each, 
in  its  turn,  contending  for  the  continuance  or  abolish- 
ment of  the  punishment  of  death,  as  the  party  gained 
or  lost  the  ascendency.  But  we  cannot  dwell  on  the 
scenes  connected  with  that  event.  All  know  that  the 
guillotine  was  a  mere  engine  of  war,  ready  to  lift  its 
bloody  axe  upon  the  head  of  any  one  whom  the  tri- 
umphant party  should  deem  to  be  the  traitor.  '•  More 
and  Fisher,  Sidney  and  Russell,  died  the  death  of  trai- 
tors; while  Henry  Tudor  ascended  the  throne,  and 
Cromwell  attained  a  power  greater  than  that  of  many 
kings.  Ney  and  Labeydoyere  perished  for  adhering 
to  the  army  and  the  nation,  against  a  family  hated  by 
both ;  while  men  who  had  voted  for  the  death  of  Louis 
XVI.  were  honored  with  offices  of  the  highest  trust 
under  his  legitimate  successor.'  But,  to  look  at  home ; 
even  Washington,  Hancock,  Adams,  and  the  whole 
host  of  revolutionary  patriots,  would  have  died  as 
traitors  if  America  had  not  triumphed,  'The  Hun- 
garians were  first   called  rebels,'   says    Bolingbroke, 


very  subject.  And  a  fact  has  just  come  to  hand,  from  Ireland,  that  the 
charges  against  O'Conneli,,  for  conspiracy  against  the  English  govern- 
ment, covered  thirty-three  skins  of  parchment,  and  occupied  seventy 
hours  in  the  reading. 


DANGEROUS  TO   LIBERTY.  93 

'  for  no  other  reason  than  this,  that  they  would  not  be 
slaves.'  Under  this  head,  all  the  reformers  and  the 
patriots  in  our  land  would  be  considered  traitors  ! 

How  evanescent  is  all  human  applause  !  To-day,  a 
king;  to-morrow,  a  malefactor!  To-day,  the  shouts 
of  the  multitude;  to-morrow,  the  reproaches  of  the 
world  !  The  history  of  all  reformers,  even  Jesus  him- 
self, shows  that  no  dependance  can  be  placed  upon 
popular  favor.  It  is  fickle  as  the  wind ;  evanescent  as 
the  passing  cloud ;  fading  as  a  rose,  and  empty  as  a 
bubble. 

In  the  time  of  Henry  VIII.,  clipping  an  English 
shilling,  or  believing  that  the  king  was  lawfully  mar- 
ried to  one  of  his  wives,  was  no  less  than  high  treason. 
The  heart  of  the  ofiender  was  torn  out  from  his  living 
body,  dashed  in  his  face,  and  then  burnt !  It  was 
inflicted  upon  prince  David,  a  Welsh  patriot,  in  the 
reign  of  Edward  First,  in  1283.^  It  was  the  law  for 
about  five  hundred  years  afterward  ! 

By  referring  to  the  appendix,  it  will  be  seen  that 

*  A  very  affecting  account  is  given  of  this  mode  of  punishment  in 
Shenstone's  ballad.  Eighteen  persons  were  convicted  for  treason. 
Colonel  Townly  was  the  first  that  was  laid  on  the  block,  but  the  execu- 
tioner, observing  the  body  to  retain  some  signs  of  life,  struck  it  vio- 
lently on  the  breast,  for  the  humane  purpose  of  rendering  it  quite  insen- 
sible to  the  remaining  part  of  the  punishment.  This  not  having  the 
desired  effect,  he  cut  the  unfortunate  gentleman's  throat.  The  shocking 
ceremony  of  taking  out  the  heart  and  throwing  the  bowels  into  the  fire, 
was  then  gone  through,  after  which  the  head  was  separated  from  the 
body  with  the  cleaver,  and  both  were  put  into  a  coffin.  The  rest  of  the 
bodies  were  thus  treated  in  succession ;  and,  on  throwing  the  last  heart 
into  the  fire,  which  was  that  of  young  Dawson,  the  executioner  cried, 
'  God  save  King  George !'  and  the  spectators  responded  with  a  shout. 

A  young  lady  of  good  family  and  handsome  fortune  had,  for  some 
time,  extremely  loved,  and  been  equally  beloved  by,  Mr.  James  Daw- 
son, one  of  those  unfortunate  gentlemen  who  suffered  at  Kennington 


94  DANGEROUS  TO  LIBERTY. 

treason  is  a  capital  offence  in  every  state  in  the  Union, 
except  Rhode  Island.  An  overruling  Providence  had 
so  arranged  affairs,  that,  by  the  efforts  of  a  single  indi- 
vidual, a  principal  actor  in  the  late  movements,  the 
law  was  some  years  since  abolished.*  We  may  easily 
conceive  what  might  have  been  the  result  had  not 
such  a  change  taken  place,  Mr.  Rantoul  very  justly 
remarks  that,  '  in  a  colHsion  between  a  state  and  the 
federal   government,   in   case  of  rebellion,  organized 

Common,  for  high  treason ;  and  had  he  been  acquitted,  or  after  con- 
demnation found  the  royal  mercy,  the  day  of  his  enlargement  was  to 
have  been  that  of  their  marriage. 

Not  all  the  persuasions  of  her  kindred  could  prevent  her  from  going 
to  the  place  of  execution ;  she  was  determined  to  see  the  last  hour  of 
a  person  so  dear  to  her ;  and  accordingly  followed  the  sledges  in  a 
hackney  coach,  accompanied  by  a  gentleman  nearly  related  to  her,  and 
one  female  friend.  She  got  near  enough  to  see  the  fire  kindled  which 
was  to  consume  that  heart  which  she  knew  was  so  much  devoted  to 
her,  and  all  the  other  dreadful  preparations  for  his  fate,  without  being 
guilty  of  any  of  those  extravagances  her  friends  had  apprehended. 
But  when  all  was  over,  and  she  found  that  he  was  no  more,  she  drew 
her  head  back  in  the  coach,  and  crying  out,  'My  dear,  I  follow  thee — 
I  follow  thee ! — sweet  Jesus,  receive  both  our  souls  together ! ' — fell  on 
the  neck  of  her  companion,  and  expired  in  the  very  moment  she  was 
speaking. 

That  excess  of  grief,  which  the  force  of  her  resolution  had  kept 
smothered  within  her  breast,  it  is  thought,  put  a  stop  to  the  vital  mo- 
tion, and  suffocated  at  once  all  the  animal  spirits. 

*  It  is  a  singular  fact  that  this  law  was  abolished  mainly  by  the 
efforts  of  Mr.  Dorr  himself.  Little  did  he  imagine  the  bearing  the  law 
might  have  upon  his  own  fate.  It  adds  another  to  the  thousand  in- 
stances of  the  danger  to  be  apprehended  from  the  existence  of  the  law 
of  the  punishment  of  death,  and  shows,  incontestibly,  that  society 
should  sanction  no  penalty  that  may  be  u.sed  to  the  destruction  of  its 
citizens.  Let  us  beware,  then,  how  we  sharpen  the  axe  and  prepare 
other  instruments  of  death  for  the  hand  of  party  violence.  Every  na- 
tion has  wept  over  the  graves  of  patriots  and  heroes  sacrificed  bv  its 
own  fury. 


DANGEROUS  TO  LIBERTY.  96 

under  the  state  authorities,  a  state  treason  law  would 
come  into  action.  Under  its  provisions,  the  man  who 
adhered  to  his  oath  of  allegiance  to  the  United  States, 
might  be  hanged  for  his  fidelity,  while,  in  retaliation, 
he  who  obeyed  the  state  authorities  might  be  hanged 
by  the  general  government  for  treason  against  them.' 

It  is  said,  if  we  succeed  in  abolishing  this  cruel  mode 
of  punishment,  it  may  be  restored  in  times  of  party- 
excitement.  But  it  is  far  easier  to  pervert  an  existing 
law  to  the  oppression  of  the  innocent,  than  to  revive, 
for  such  a  purpose,  a  punishment  which  had  been 
solemnly  abrogated.  Let  us  suppose  the  punishment 
of  death  had  been  abolished  in  France  in  the  year 
1700;  and  that  the  whole  population  had  been  edu- 
cated in  the  idea  that  human  life  was  too  sacred  ever  to 
be  taken  for  the  most  atrocious  crimes ;  that  the  life  of 
every  citizen  was  inviolable.  Is  it  probable  that  such 
a  people,  in  1792,  would  have  butchered  not  only  the 
innocent,  but  the  most  worthy  members  of  their  com- 
munity 1 

It  is  a  very  singular  fact,  showing  the  mutability 
of  all  human  affairs,  that,  at  one  period  in  the  his- 
tory of  France,  even  Robespierre  hirhself  was  strongly 
opposed  to  the  punishment  of  death,  insomuch  that 
while  holding  the  office  of  judge,  he  resigned,  rather 
than  to  pronounce  sentence  of  death  upon  a  criminal. 
The  following  is  his  language  from  a  speech  which 
gained  the  prize  : — '  The  law  should  always  present  to 
the  people  the  most  perfect  model  of  justice  and  reason. 
If,  in  the  place  of  that  powerful  severity,  of  that*Calm 
moderation,  which  ought  to  characterize  ihem,  they 
substitute  anger  and  vengeance ;  if  they  cause  to  flow 
human  blood  which  they  might  spare,  and  which  they 
have  not  the  right  to  shed;  if  they  display  before  the 


96  DANGEROUS  TO  LIBERTV. 

eyes  of  the  people  scenes  of  cruelty,  and  corpses  mur- 
dered by  tortures,  they  then  corrupt  in  the  heart  of  the 
citizen  the  ideas  of  the  just  and  the  unjust ;  they  cause 
to  spring  up  in  the  bosom  of  society  ferocious  preju- 
dices, which,  in  their  turn,  reproduce  others.  Man 
is  no  longer  to  man  an  object  so  sacred ;  a  less  lofty 
idea  is  entertained  of  his  dignity  when  the  public  au- 
thority treats  so  lightly  his  life.  The  idea  of  murder 
inspires  much  less  dread  than  before,  when  society 
itself  presents  the  example  and  exhibition  of  it :  the 
horror  of  the  crime  is  diminished  when  society  pun- 
ishes it  only  by  another.  Beware  well  of  confounding 
the  efficaciousness  of  punishments  with  the  excess  of 
severity :  the  one  is  absolutely  opposed  to  the  other. 
Everything  seconds  moderate  laws;  everything  con- 
spires against  cruel  ones.'  '  What  might  not  France 
and  the  world  been  spared,  had  these  sentiments  pre- 
vailed? They  were  advocated  in  the  assembly,  but 
the  orators  were  put  down  by  the  clamors  of  the  fierce 
galleries,  like  vultures  scenting  their  prey  from  afar.' 

We  admit  that  this  mode  of  punishment  may  be 
re-established,  but  then  it  will  be  more  and  more  diffi- 
cult as  society  is  taught  the  sacredness  of  human  life. 
This  law  is  a  weapon,  ready  prepared,  which  is  more 
susceptible  of  abuse  than  any  other.  An  attempt  to 
introduce  it  after  its  abolishment  would  be  such  an 
irmovation  that  an  alarm  would  be  sounded. 

We  forget  that  even  the  Son  of  God  suffered  by  a 
perverted  use  of  this  law.  The  Jews  did  not  venture 
to  demand  his  death  of  the  Roman  governor  without 
the  forms  of  law  and  the  semblance  of  justice.  When 
Pilate  found  '  no  cause  of  death  in  him.'  they  appealed 
to  their  own  laws,  saying,  '  we  have  a  law.  and  by  our 
law  he  ought  to  die.'     Thus  the  punishment  of  death 


DANGEROUS  TO  LIBERTY.  97 

became  the  pretext  for  the  greatest  crime  ever  perpe- 
trated in  our  world ;  a  deed  so  foul  that  it  is  not  yet 
expiated,  though  the  guilty  nation  have  been,  for  eigh- 
teen centuries,  exiles  and  vagabonds  upon  the  face  of 
the  earth,  a  by- word  and  a  reproach,  '  their  own  house 
left  unto  them  desolate.' 

We  are  overwhelmed  with  the  thoughts  that  rush 
into  the  mind  when  we  consider  the  horrid  use  that 
may  be  made  of  this  form  of  punishment.  Had  it  not 
been  for  the  contempt  of  human  life  which  it  has 
taught  the  community,  '  there  would  have  been  no 
fires  at  Smithfield,  no  massacre  of  St.  Bartholomew, 
no  reign  of  terror  in  the  first  French  revolution.  Cran- 
mer  would  not  have  been  led  to  the  stake  in  his  old 
age,  nor  Stafford  to  the  scaffold  in  the  full  vigor  of 
life  and  usefulness ;  Lavorisier  might  have  lived  to 
enlighten  the  world  by  his  science;  Condorcet  to 
instruct  by  his  learning,  and  Malesherbes  to  improve 
it  by  his  virtues.'* 

*  How  little  do  we  think  of  the  influence  of  Capital  Punishment 
upon  the  surviving  relatives !  How  many  affecting  scenes  must  there 
have  been  in  the  French  revolution !  How  many  sighs  and  groans ! 
How  many  tears  unnoticed,  except  by  Him  who  regards  even  the  fall- 
ing of  a  sparrow.  "VVe  will  give  an  instance  that  happened  in  our  own 
revolution,  which  will  show  how  cruel  death  is  when  he  comes  in  the 
form  to  which  we  have  so  frequently  alluded.  The  story  is  that  of 
Colonel  Hayne,  of  South  Carolina,  who  weis  taken  prisoner  by  the 
English.  He  had  a  wife  and  six  small  children.  He  was  very  amia 
ble,  and  a  great  many  interceded  for  him,  but  in  vain. — During  the 
imprisonment  of  the  father,  his  eldest  son  was  permitted  to  stay  with 
him  in  the  prison.  Beholding  his  only  surviving  parent,  for  whom  he 
felt  the  deepest  aflection,  loaded  with  irons  and  condemned  to  die,  he 
was  overwhelmed  with  consternation  and  sorrow.  The  wretched  father 
endeavored  to  console  him,  by  reminding  him  that  the  unavailing  grief 
of  his  son  tended  only  to  increase  his  own  misery,  that  we  came  into 
this  world  merely  to  prepare  for  a  better,  that  he  was  himself  prepared 

9 


98  DANGEROUS  TO  LIBERTY. 

If  it  be  true,  then,  that  the  Hght  regard  paid  to 
human  existence  has  proved  sources  of  unhappiness, 
it  becomes  all  in  this  enlightened  age  to  weigh  well 
their  motives  when  they  advocate  the .  punishment  of 
death.  We  know  that  even  they  contend  that  life  will 
be  rendered  more  sacred  by  taking  that  of  the  nnirderer. 
But  facts  show  the  contrary.  The  legal  existence  of 
this  penalty  is  not  only  abused  on  extraordinary  occa- 
sions, but  it  tends  to  encourage  daily  a  disregard  for 
life,  and  leads  on  to  murder.     If  the  government  would 

to  die,  and  could  even  rejoice  that  his  troubles  were  so  near  an  end. 
'  To-morrow,'  said  he,  '  I  set  out  for  immortality ;  j'ou  will  accompany 
me  to  the  place  of  my  execution ;  and  when  I  am  dead,  take  my  body 
and  bury  it  by  the  side  of  your  mother.'  The  youth  here  fell  on  Iris 
father's  neck,  crying,  '  Oh,  my  father,  my  father,  I  will  die  Avith  yon ! 
I  will  die  with  you ! '  Colonel  Hayne,  as  he  was  loaded  with  irons, 
was  unable  to  return  the  embrace  of  his  son,  and  merely  said  to  him 
in  reply,  '  Live,  my  son,  live  to  honor  God  by  a  good  life ;  live  to 
serve  your  country ;  and  live  to  take  care  of  your  brother  and  little 
sisters.'  The  next  morning,  proceeds  the  narrative  of  these  distressing 
events,  Colonel  Hayne  was  conducted  to  the  place  of  execution.  His 
son  accompanied  him.  Soon  as  they  came  in  sight  of  the  gallows,  the 
father  strengthened  himself,  and  said,  '  Now,  my  son,  show  yourself  a 
man  !  That  tree  is  the  boundary  of  my  life,  and  of  all  my  life's  sor- 
rows. Beyond  that,  "  the  wicked  cease  from  troubling,  and  the  weary 
are  at  rest."  Don't  lay  too  much  at  heart  our  separation  ;  it  will  be 
short.  'T  was  but  lately  your  dear  mother  died.  To-day  1  die.  And 
you,  my  son,  thoi^gh  but  young,  must  shortly  follow  us.'  'Yes,  my 
father,'  replied  the  broken-hearted  youth,  '  I  shall  shortly  follow  you, 
for,  indeed,  I  feel  that  I  cannot  live  long.'  And  his  melancholy  antici- 
pation was  fulfilled  in  a  manner  more  dreadful  than  is  implied  in  the 
mere  extinction  of  life.  On  seeing  his  father  in  the  hands  of  the  exe- 
cutioner, and  then  struggling  in  the  halter,  he  stood  like  one  transfixed 
and  motionless  with  horror.  Till  then,  proceeds  the  narration,  he  had 
wept  incessantly ;  but  soon  as  he  saw  that  sight,  the  fountain  of  his 
tears  was  staunched,  and  he  never  wept  more.  He  died  insane ;  and 
in  his  last  moments  often  called  on  his  father,  in  terms  that  brought 
tears  from  the  hardest  hearts. 


DANGEROUS  TO   LIBERTY.  99 

cease  to  legalize  the  shedding  of  blood,  there  would 
then  be  established  in  the  human  mind  the  great  doc- 
trine of  the  sanctity  of  human  life — that  even  the  days 
of  the  criminal  are  too  sacred  to  be  shortened. 

We  appeal,  then,  to  the  politician  as  well  as  the 
religionist,  to  think  deeply  and  seriously  upon  this 
subject.  We  may  think  we  have  outgrown,  in  the 
religious  world,  the  doctrine  of  the  stake  and  the  fagot; 
yet,  perhaps,  it  is  because  no  sect  among  us  posses- 
ses the  power.  Let  any  political  or  religious  party 
gain  the  ascendency ;  then  they  have  the  weapon 
ready  formed  at  their  hands.*  The  guillotine  may  be 
established,  or  the  fires  of  Smithfield  may  again  be 
lighted,  or  even  all  the  cruelties  of  the  Inquisition  may 
be  revived  !  And  this  penalty  is  likely  to  fall,  not  on 
the  most  corrupt  and  abandoned,  but  upon  the  very 
best  citizens.  Not  belonging  to  either  party,  they  are 
suspected  by  both,  and,  therefore,  are  likely  to  become 
the  first  victims.  In  view  of  all  these  facts,  we  cease 
to  wonder  at  the  strong  language  of  La  Fayette  in  the 
motto  upon  our  title :  '  For  my  own  part,  I  shall  de- 
mand the  abolition  of  the  punishment  of  death  until  [ 
dm  convinced  that  human  judgment  is  infallible.' 

*  Numberless  incidents  occur  in  history  to  illustrate  this  point. 
During  the  reign  of  James  II  ,  while  the  tyrant  JefTries  was  on  the 
bench,  the  following  took  place: — 'A  Sirs.  Gaunt  was  noted  for  her 
beneficence  to  all  professions  and  persuasions.  One  of  the  rebels, 
knowing  her  humane  character,  had  recourse  to  her  in  his  distress, 
and  was  concealed.  The  abandoned  villain,  hearing  that  a  rewanl 
and  indemnity  was  offered  to  such  as  informed  against  criminals, 
betrayed  her.  His  evidence  was  incontestible.  He  Avas  pardoned  for 
his  treachery  —she  burned  alive  for  her  benevolence.' 

Another  instance  occurred,  equally  terrible.  '  Lady  Lisle  was 
proved  innocent  twice  of  sheltering  two  fugitives.  But  the  jury  was 
sent  back  by  Jeffjies,  with  reproaches,  and  they  were  constrained  W 
give  a  verdict  against  the  prisoner.' 


ESSAY  IX. 

FUTURE  CONDITION  OF  THE  SOUL. 

Appeal  to  Christians — Conduct  of  prisoners — Stephen  M.  Clarke— 
Cheever''s  argument — Petition  presented  by  Lord  Brougham-^ 
Incident  at  Lechler''s  execution — Execution  of  a  man  eighty-three 
years  of  age — Reformation  possible —  Corinthian  church — Apostle 
Petei' — David,  king  of  Israel. 

Who  can  reflect,  unmoved,  upon  the  round 

Of  smooth  and  solemnized  complacencies. 

By  which,  on  Christian  lands,  from  age  to  age, 

Profession  mocks  performance.    Earth  is  sick 

And  Heaven  is  weary  of  the  hollow  words 

Which  states  and  kingdoms  utter  when  they  talk    , 

Of  truth  and  justice. 

"Wordsworth. 

We  reach  now,  in  our  labor,  a  part  of  our  subject, 
which  presents  some  very  solemn  aspects ;  so  solemn 
in  their  nature  that  language  is  inadequate;  views 
that  overwhelm  the  imagination,  and  which  we  would 
gladly  have  passed  over,  but  a  sincere  conviction  of 
duty  calls  upon  us  in  the  most  imperious  manner  to 
give  it  our  serious  attention.  It  is  a  view  on  which 
we  have  thought  with  the  deepest  reverence,  and  we 
feel  to  invoke  the  divine  aid  while  we  carefully  call 
to  it  the  attention  of  the  reader. 

We  do,  therefore,  in  the  most  solemn  manner,  and 
in  the  fear  of  God,  appeal  to  that  very  large  and 
respectable  body  of  Christians, — among  whom  are  to 
be  found  many  bright  examples  of  piety  and  learning, 
— who  believe  that  'life  is  but  a  trial  for  eternity — that 


FUTURE  CONDITION  OF  THE  SOUL.  101 

as  man  dies,  so  he  remains  forever^  tortured  with 
anguish  and  polluted  with  guilt,  or  blooming  in  un- 
fading joy  and  exalted  goodness.' 

We  have,  in  all  our  labor,  so  far,  looked  to  this  sub- 
ject in  reference  to  temporal  things,  but  now  we  must 
turn  away  from  all  the  fleeting  vanities  of  time,  to 
that  world,  '  where  the  wicked  cease  from  troubling, 
and  the  weary  are  at  rest.'  On  such  a  subject  we 
ought  to  speak  with  humility,  if  not  with  terror.  Let 
us  then  look  at  the  facts  in  the  case.  We  have  seen, 
especially  in  our  article  on  the  effect  of  public  execu- 
tions, that,  generally,  those  who  become  guilty  of  cap- 
ital offences,  become  more  hardened  and  indifferent  as 
the  day  approaches.  Mr.  Wakefield,  who  spent  seve- 
ral years  in  prison,  says,  '  In  about  one  case  out  of 
four,*  no  religious  impression  is  produced ;  but  the 
prisoner  goes  through  all  the  ceremonies  of  his  situa- 
tion with  an  air  of  indifference,  being  occupied  to  the 
very  last  moment  with  the  hope  of  a  reprieve.'  He 
further  states,  '  that  on  almost  every  execution  day,  on 
which  several  are  hanged,  the  chaplain  is  subjected  to 
the  most  outrageous  insults  from  one  or  more  of  the 
doomed  men.  He  will  readily  confirm  this  statement. 
And  it  may  be  farther  proper  to  say,  for  the  informa- 
tion of  religious  persons,  among  those  who  make  our 
laws,  that  every  year  several  of  their  fellow-creatures 
are  cut  off  in  front  of  Newgate,  in  the  very  act  of  scoff- 
ing at  God  and  Christ,  and  the  Holy  Sacrament.'  We 
could  fill  volumes,  showing  the  deadening,  paralyzing 
influence  of  this  mode  of  punishment  upon  those  un- 

*  The  author  of  Old  Bailey  Experience,  makes  the  proportion  much 
less.     He  says  that,  '  in  nineteen  cases  out  of  twenty,  there  is  no  true 
repentance;  most  of  them  die  apparently  careless  about  their  formei 
course  of  life,  or  of  the  world  to  come.' 
9# 


102  FUTURE  CONDITION  OF  THE  SOUL. 

fortunate  beings  who  are  called  to  suffer.  We  say 
unfortunate,  for  none  deserve  more  pity  than  those 
who  have  no  pity  for  themselves. 

Another  view  is  that  the  criminal  may  be  innocent 
or  morally  insane.  But,  passing  over  such  considera- 
tions, we  solemnly  ask  how,  in  view  of  all  the  facts  in 
the  case,  you  can  consistently  advocate  the  continu- 
ance of  a  law  involving  such  irretrievably  awful 
results? — one  which  cuts  off  a  fellow-being  in  the  full 
vigor  of  young  life  and  health,  and  hurries  him,  red, 
reeking  with  guilt,  to  that  last,  irrevocable  judgment, 
where  you  expect  to  meet  him,  and  on  the  decision  of 
which  you  believe  hangs  the  eternal  fate  of  the  human 
soul  !* 

We  know  the  argument  of  Mr.  Cheever,  and  other 
distinguished  divines.  We  give  it  in  his  own  words. 
'  In  the  abolition  of  this  penalty,  the  number  of  mur- 
ders would  inevitably  be  increased ;  and  every  indi- 
vidual so  murdered  is  sent  into  eternity,  not  with  the 
weeks  of  preparation,  and  all  the  solemn,  holy  induce- 
ments and  appliances  allotted  to  the  murderer ;  but  in 
a  moment,  without  a  breath  for  prayer,  without  time 
so  much  as  to  say,  "  God  be  merciful  to  me  a  sinner." 
Now  I  say,  without  hesitation,  it  is  worse  to  send  one 
person  into  eternity,  in  this  manner,  than  it  would  be 
to  send  ten  murderers  with  six  weeks'  warning.  But 
if  you  were  to  repeal  this  penalty  of  death  for  murder, 
then,  by  the  increase  of  this  crime,  for  every  murderer 
now  with  solemn  warning  executed,  you  would  proba- 
bly be  the  occasion  of  sending  two  or  three  innocent 

*  Stephen  M.  Clarke,  who  was  hung  for  arson,  in  Newburyport, 
some  years  since,  was  only  seventeen.  Amidst  his  cries  and  martia] 
music  he  was  forced  to  the  scaffold. 


FUTURE  CONDITION  OF  THE  SOUL.      103 

persons,  unwarned  and  unprepared,  into  eternity.  This 
is  an  inevitable  result  of  the  repeal  of  this  penalty. 
I  say,  therefore,  that  its  abolition  would  be  an  act  of 
impiety;  for  the  substitution  of  imprisonment  for  life 
would  probably  make  most  murderers  die  in  their  sins, 
while  it  would  send  many  innocent  persons  unpre- 
pared into  eternity.  I  turn  this  objection,  therefore, 
back  with  tenfold  power  upon  your  own  proposed 
repeal  of  the  penalty  of  death  for  murder.  It  consti- 
tutes, in  the  mind  of  every  benevolent  person,  one  of 
the  very  strongest  arguments  against  such  a  repeal.' 

The  position  should  be  proved  by  facts,  that  mur- 
ders would  inevitably  be  increased.  We  have  given 
abundant  evidence  to  the  contrary,  in  our  article  on  the 
abolishment  of  this  penalty,  in  Part  I.,  Essay  VII.  We 
have  shown  that  the  law  defeats  itself;  that  it  multi- 
plies the  very  crimes  it  designs  to  abolish.  In  our 
article  on  the  Scruples  of  Jurors,  we  have  seen  that 
even  petitions  were  presented  by  Lord  Brougham,  m 
England,  in  which  the  petitioners  say,  '  that  they  find, 
by  experience,  that  even  the  probability  of  the  inflic- 
tion of  death  prevents  the  prosecution,  conviction  and 
punishment  of  the  criminal,  thus  endangering  the  pro- 
perty which  it  was  intended  to  protect.'  This  is  the 
case  with  regard  to  property.  How  is  it  respecting 
life  ?  We  have  seen,  in  our  article  on  the  effects  of  exe- 
cutions upon  spectators,  that  many  persons  have  gone 
directly  from  the  scene,  and  committed  the  very  same 
act.  We  gave  the  case,  in  Lancaster,  Pa.,  of  Wilson, 
who  stabbed  another,  and  had  the  same  irons  put  on 
him  which  had  scarcely  been  laid  off  long  enough  by 
Lechler  to  get  cold.  In  view  of  this  fact,  the  subject 
becomes  still  more  awful.  We  again  appeal  to  those 
who  believe   that  the   future   condition   of  the   soul 


104      FUTURE  CONDITION  OF  THE  SOUL. 

depends  upon  the  state  in  which  it  leaves  this  world 
Not  only,  on  your  theory,  you  may  send  a  fellow-being 
reeking  with  blood  into  the  presence  of  his  God,  but, 
by  increasing  murders  by  the  very  penalty,  you  may 
send  many  others  in   the   same   unprepared   state.* 

*  A  case  now  lies  before  me,  that  presents  this  subject  in  the  most 
awful  light.  It  is  the  account  of  the  execution  of  a  man,  in  his  eighty- 
third  year,  for  the  murder  of  his  \vife.  He  was  a  believer  in  your  sen- 
timent, as  it  appears  from  many  of  his  expressions ;  such  as, '  he  hoped 
the  parties  who  condemned  him  would  be  overtaken  by  the  vengeance 
of  God,  and  sent  into  everlasting  condemnation  ;'  '  that  God  would  rain 
down  fire  and  brimstone.'  But  I  need  not  present  the  horrid  language 
he  employed.  You  are  familiar  with  such  phrases,  though  you  never 
intended  such  a  use  to  be  made  of  them.  But  look  at  this  case  in 
the  light  of  eternity.  Passing  over  the  protestations  of  innocence  in 
which  the  poor  old  man  persisted  to  the  last,  I  earnestly  ask  you  to  look 
at  this  humiliating  spectacle.  '  A  hoary  old  man,  bent  together  with 
age  and  mental  suffering,  oppressed  with  a  five  months'  imprisonment : 
his  whole  appearance  indicating  the  utmost  degree  of  human  frailty, 
borne  down  with  the  intense  idea  of  grief,  and  the  tears  flowing.' 
Behold  him  pinjoned,  while  the  poor  creature  says,  '  You  need  not  do 
it  very  tightly,  as  I  intend  to  make  no  resistance.  My  only  wish  is  to 
have  it  soon  over.'  What  a  scene  !  With  your  views  of  eternity,  how 
many  thoughts  overwhelm  the  mind.  By  the  present  law,  this  poor 
man,  decrepit  and  bent,  so  far  that  the  ministers  of  the  law  were 
obliged  to  procure  a  chair  upon  the  scaffold,  was  sent  into  the  presence 
of  his  God,  reeking  with  blood.  Perhaps,  a  moment  more,  and  he 
might  have  been  made  an  heir  of  heaven.  Stop,  we  beseech  you ; 
pause,  think  of  the  awful,  irretrievable  results  according  to  your  faith. 
How  solemn  the  scene !  And  if  ever  your  favorite  hymn  would  apply, 
this  would  be  a  fair  case. 

'  Behold,  the  a«red  aiiiner  goes, 
Laden  with  guilt  and  heavy  woea, 
Down  to  the  regions  of  the  dead, 
With  endless  curses  on  his  head.' 

But  the  subject  becomes  too  solemn  for  language  to  describe.  When 
again  you  lift  up  your  voice  in  favor  of  the  law  of  blood,  think  of  the 
poor  old  man,  just  on  tlie  brink  of  eternity,  and  pause  ere  you  become 
the  means  of  sending  another  immortal  spirit  unprepared  into  the  pres 
ence  of  its  Maker ! 


FUTURE  CONDITION  OF  THE  SOUL.  105 

*  Every  execution,'  says  Dr.  Lushington,  in  parlia- 
ment, 'brings  an  additional  candidate  for  the  hang- 
man ! '  We  know  that  some  divines  have  even  urged 
that  the  law  was  humane ;  that  the  perpetrator  has 
been  induced  to  think  seriously  of  divine  things,  and 
led  to  repentance ;  and,  in  his  last  hours,  has  confessed 
the  justice  of  his  sentence,  and  given  glory  to  God. 
Granting  even  that  such  cases  have  occurred — and 
they  are  like  angels'  visits,  few  and  far  between — still, 
the  law  itself  appears  in  no  better  light.  Indeed,  it 
appears  cruel,  even  giving  it  this  favorable  view. 
Monstrous  law  !  To  cut  off  a  human  being,  whose 
heart  had  just  begun  to  feel  the  emotions  of  returning 
virtue ;  whose  eyes  were  just  opening  to  the  enormity 
of  his  crime  !  Strange  inconsistency  !  Like  the  phy- 
sician, who  should  recommend  that,  on  the  recovery  of 
his  patient,  he  should  be  murdered  !  Tender  mercies 
indeed!  This  is  hanging  a  criminal  for  very  love 
and  kindness. 

There  is  still  another  serious  aspect  to  our  subject. 
Can  we  be  certain  that  divine  grace  may  not  renew 
the  heart  even  of  the  vilest,  if  life  is  spared?  We 
cannot  extend  our  remarks  on  this  part  of  our  sub- 
ject.* We  simply  observe  that,  among  the  most  heroic 
of  Christian  martyrs,  we  shall  find  those  who  have 
been  the  most  deeply  corrupt.  The  Corinthian  church 
contained  many  whose  lives  had  been  stained  with  the 
blackest  crimes.     '  The  infallible  apostle  of  the  Catho- 

*  Ttie  Author  designs  fo  take  up  this  view  of  the  subject  in  a  distinct 
volume.  In  his  travels,  he  is  now  preparing  the  materials  for  such  a 
work.  His  great  object,  throughout  the  present  labor,  was  to  show  the 
wrongfulness  of  the  punishment  of  death.  He  intended  to  have  gone 
farther,  but  the  great  abundance  of  facts  obliged  him  to  confine  the 
present  volume  to  one  point.     See  Appendix,  II. 


106  FUTURE  CONDITION  OF  THE  SOUL. 

lies,'  says  one,  '  denied  his  Master  ;'  and  the  man  '  after 
God's  own  heart'  was  saved  from  a  terrible  death 
only  by  his  royal  right  of  sinning.  The  first  effusions 
of  devotional  feeling  ever  perused  were  written  by  a 
repenting  murderer.  Had  the  policy  which  doomed 
even  the  worst  of  criminals  to  the  scaffold,  as  incapa- 
ble of  correction,  been  pursued  in  this  melancholy 
case,  the  world  would  have  been  deprived  of  the  most 
affecting  example  of  holy  penitence  and  of  divine 
mercy;  of  the  clearest  prophecies  of  a  suffering  Mes- 
siah; of  the  sweetest  consolations  that  can  animate 
hope  or  relieve  despair  ;  and  one  of  the  greatest  charac- 
ters of  sacred  history  sent,  covered  with  guilt  and  dis- 
grace, to  the  bar  of  the  Almighty.' 

We  earnestly  and  affectionately,  in  view  of  all  these 
facts,  beseech  you  to  think  deeply  and  solemnly  on  this 
awful  subject;  awful  in  reference  to  the  present,  but 
more  so  in  reference  to  the  future.  If  it  appears  that 
the  criminal  is  converted,  then,  surely,  you  will  not 
cut  him  off,  for  he  may  become  again  a  blessing  to 
the  community.  If  he  remain  impenitent,  surely,  then, 
you  will  not  seal  his  everlasting  misery.  If  Capital 
Punishment  multiplies  murders,  as  we  have  proved, 
then,  surely,  you  will  not  send  any  more  murdered 
victims  to  hell  ! 


ESSAY   X. 

IRREMEDIABILITY 

The  argument — Indifference  of  Paley  and  Hudson —  Case  of  a  sur- 
geon and  his  servant — Confession  not  a  proof — Instances  in  Eng- 
land and  in  Vermont — Complaining  for  gain — Noticed  by  parlia- 
ment— Burhites — Liability  of  witnesses — Difficulty  of  disproving 
a  certain  charge — Rape — Innocent  condemned — Forty-eight  hours 
for  criminals  after  sentence,  in  England — Property  considered 
more  valuable  than  life — Mock  charge  of  a  villain — Trial  of 
the  Knapps — Singtdar  remark  of  Daniel  Webster — Execution  of 
the  innocent — Innkeeper — A  farmer — Instances  given  by  Mrs. 
Child,  Smollet  and  O'  Connell. 

'Truth  lifts  up  the  veil  with  which  probability  had  enveloped  her — 
but  she  appears  too  late  !  The  blood  of  the  innocent  cries  aloud  for 
vengeance  against  the  prejudice  of  his  judge,  and  the  magistrate  passes 
the  rest  of  his  life  in  deploring  a  misfortune  which  his  repentance  can-, 
not  repair.'  Chancellor  D'AsuEssEiu. 

Among  the  various  arguments  that  may  be  urged  in 
favor  of  our  views,  that  of  the  IrremediabiUty  of  Capi- 
tal Punishment  appears  to  the  writer  to  be  the  most 
cogent  and  convincing.  As  we  have  pursued  our  labor, 
from  day  to  day,  facts  of  this  nature  have  multiplied, 
till  what  appeared  at  first  to  be  the  easiest  part  of  our 
work,  has  become  the  most  difficult.  Every  author 
knows  that  the  labor  of  condensing  is  often  more  dif- 
ficult than  the  attainment  of  the  fact;  and  that  it 
requires  more  time  to  shorten  a  work  than  to  extend 
it.  We  have  adopted  two  rules  as  our  guide.  1.  Not 
to  rely  on  the  testimony  of  prisoners  themselves.  2. 
To  present  only  those  cases  where  execution  had  actu- 
ally taken  place. 


108  IRREMEDIABILITY. 

We  have  been  somewhat  surprised  at  the  small  influ- 
ence which  facts  of  this  nature  have  had  on  those  who 
favor  the  punishment  of  death.  Paley  says,  '  He  who 
falls  by  a  mistaken  sentence,  may  be  considered  as 
falling  for  his  country,  whilst  he  suffers  under  the  ope- 
ration of  those  rules  by  the  general  effect  and  tendency 
of  which  the  welfare  of  the  community  is  maintained 
and  upheld.'  Rev.  Charles  Hudson,  a  member  of 
the  senate,  in  1838,  says,  '  Though  the  objection  may 
appear  plausible,  we  think  it  entitled  to  but  little 
weight.'  An  orthodox  writer  says,  '  When  an  innocent 
man  suffers,  all  that  can  be  said  is,  that  Providence 
has  seen  fit  to  take  away,  by  a  painful  exit,  one,  whom 
a  few  years  more  would  have  necessarily  carried  to 
the  tomb.'  How  coolly  the  whole  matter  is  turned 
off !  How  easy  to  philosophize  and  act  the  patriot  for 
others  !  How  easy  to  arm  ourselves  with  topics  of 
consolation,  and  reasons  for  enduring  with  fortitude 
evils  to  which  we  think  we  are  not  exposed  ! 

In  approaching  this  subject,  we  have  felt  a  solem- 
nity which  is  almost  too  great  to  allow  us  to  proceed. 
When  we  consider  how  much  is  embraced  in  that 
expression,  '  the  glorious  uncertainty  of  the  law,'  we 
hardly  feel  safe  even  while  pursuing  the  most  lauda- 
ble calling ;  for  many  have  fallen  even  while  engaged 
in  works  of  humanity.  The  following  case  presents 
this  subject  in  a  strong  light.  In  view  of  such  facts, 
where  is  human  safety  so  long  as  the  punishment  of 
death  exists  upon  the  statute  book  1 

A    SURGEON    CHARGED    WITH    THE   MURDER   OF    HIS   SERVANT. 

A  gentleman  was  tried  in  Dublin  on  the  24th  of  May,  1728, 
charged  with  the  murder  of  his  maid  servant.  An  opposite  neigh- 
bor saw  him  admitted  into  his  house  about  ten  at  night,  by  his  ser- 


IRREMEDIABILITY.  109 

vant,  who  opened  the  door,  holding  in  her  hand  a  lighted  candle  in 
a  brazen  candlestick.  Not  long  after,  the  gentleman  made  an 
alarm,  exclaiming  that  his  servant  was  murdered.  The  woman 
was  found  a  corpse  in  the  kitchen,  her  head  fractured,  her  neck 
wounded  so  as  to  divide  the  jugular  vein,  and  her  dress  steeped  in 
blood.  On  further  search,  the  inquirer  discovered  that  the  prisoner 
had  on  a  clean  shirt,  while  one  freshly  stained  with  blood,  and 
ascertained  to  be  his,  was  discovered  in  the  recess  of  a  cupboard ; 
where  also  was  found  a  silver  goblet,  bearing  the  marks  of  a  bloody 
thumb  and  finger.  The  prisoner  almost  fainted  on  being  shown 
the  shirt.     He  was  executed. 

His  defence,  on  trial,  was,  that  the  maid  servant  admitted  him  aa 
sworn,  and  went  to  the  kitchen  ;  that  he  had  occasion  to  call  her, 
but  not  being  answered,  went  and  found  her  lying  on  the  floor ;  not 
knowing  her  to  be  dead,  and  being  a  surgeon,  he  proceeded  to  open 
a  vein  in  her  neck ;  in  mo\'ing  the  body,  the  blood  stained  his 
hands  and  shirt  sleeves.  He  then  thought  it  best  to  make  an  alarm 
for  assistance,  but  being  afraid  of  the  effect  which  his  appearance 
might  produce,  he  changed  his  linen,  and  displaced  the  silver  cup, 
in  order  to  thrust  his  bloody  shirt  out  of  sight. 

This  story  was  deemed  incredible.  Several  years  after,  a  dying 
penitent  confessed  to  a  priest,  that  he  was  concealed  in  the  gentle- 
man's house  for  the  purpose  of  robbing  it,  at  the  moment  of  the 
gentleman's  return  ;  that,  hearing  him  enter,  he  resolved  to  escape ; 
that  the  woman  saw,  and  attempted  to  detain  him ;  that  he,  fearing 
detection,  knocked  her  down  with  the  candlestick  she  had  in  her 
hand,  and  fled,  unnoticed,  from  the  premises. 

How  much  does  a  cause  involve !  What  knowledge 
of  the  human  heart !  What  nice  discrimination  of 
character !  A  touching  appeal  to  the  feelings  of  a 
jury,  a  happy  retort,  or  a  humorous  illustration,  has 
crowned  with  undeserved  triumph  many  a  desperate 
case.  And  it  is  remarkable  that  even  the  confession 
of  guilt  is  not  sufficient.*     We  do  not  allude  to  the 

*  A  case  is  recorded  of  one  who  made  a  confession,  and  deUvered 
himself  up  to  justice.     Circumstances  transpired  which,  notwithstand- 

10 


110  IRREMEDIABILITY. 

horrid  practice,  obtaining  in  ancient  times,  of  torturing 
the  criminal  to  make  him  recriminate  himself,  but  when 
it  has  been  entirely  voluntary. 

A  remarkable  case  happened  in  Vermont.  It  has 
been  cited  nearly  all  over  the  civilized  world,  and  it 
has  done  much  to  modify  our  system  of  criminal  juris- 
prudence. It  comes  from  an  authentic  source,  for  the 
narrator  has  been  long  known  to  the  author  as  a  cler- 
gyman of  high  standing  and  of  veracity,  William  S. 
Balch,  of  New  York  city. 

BOURNE   CONVICTED    OF    THE   MURDER    OF   HIS    BROTHER-IN-LAW. 

A  case  occurred  in  Manchester,  Vermont.  Two  men,  brothers, 
by  the  name  of  Bourne,  were  convicted  of  the  murder  of  a  brother- 
in-law,  named  Colvin.  While  under  the  sentence  of  death,  one  of 
the  brothers  confessed  a  participation  in  the  murder.  By  an  act 
of  the  legislature,  his  punishment  was  cummuted  to  imprisonment 
for  life.  The  other  stoutly  persisted  in  asserting  his  innocence. 
Great  excitement  prevailed  during  and  after  the  trial ;  I  remember 
it  well.  It  was  near  my  native  town.  But  when  the  confession 
was  made  under  oath,  and  published,  none  longer  doubted.  Had 
he  confessed  he  did  not  assist  in  the  murder,  would  he  have  been 
believed  ?  The  day  of  execution  at  length  arrived.  Hundreds  of 
people  from  the  hills  and  vales  were  gathered  around  the  gaUows, 
to  witness  the  dying  struggles  of  a  poor  unfortunate  fellow-sinner. 
The  hour  had  arrived,  and  the  elder  Bourne,  still  avowing  his  inno- 
cence, wan  and  weak,  was  led  forth  into  the  ring,  and  stood  beneath 
the  horrid  engine  of  death.  The  sheriiF  was  about  to  adjust  the 
halter,  and  draw  down  the  dismal  cap,  when  a  cry  was  heard  from 
behind  the  ring, — 'Stop!  Stop!  For  God's  sake  stop.'  All  eyes 
were  directed  that  way ;  when,  to  the  astonishment  of  all,  the 

ing  his  confession,  led  many  to  doubt  his  guilt.  He  at  length  admitted 
that  he  had  made  up  his  mind  to  suffer  the  punishment  in  order  to 
claim,  upon  conviction,  a  reward  which  had  been  offered,  and  hand  it 
to  his  starving  wife,  and  children. — Selections  from  the  London  Morning 
Herald,  vol.  ii.,  p.  89. 


IRREMEDIABILITY.  Ill 

murdered  Colvin  was  led  into  the  ring,  presented  to  the  sheriff, 
recognised  by  the  assembled  neighbors,  and  greeted  by  Bourne, 
with  feelings  better  imagined  than  described  ;  and  the  people 
doomed  to  return  home  in  disappointment — as  some  remarked, 
'  without  seeing  \hefun  they  anticipated.' 

Had  Colvin  (says  Mr.  Balch)  not  been  found,  for  he  was  in  New 
Jersey,  or  had  some  little  hindrance  delayed  his  arrival  for  a  sin- 
gle hour,  an  innocent  man  would  have  been  hurried  out  of  the 
world  as  a  felon,  leaving  a  wife,  and  children,  and  friends,  to 
lament  his  untimely  death  ;  humanity  to  weep  over  the  mistakes, 
and  weaknesses,  and  cruelties,  of  human  legislation ;  and  judges 
and  juries  to  reproach  themselves  for  taking  the  fearful  responsi- 
bility of  destroying  a  life  which  they  could  not  restore  when  their 
errors  were  clearly  manifest. 

Instances  are  not  wanting  where  corrupt  individu- 
als have  even  complained  of  others  for  gain.  This 
practice  became  so  prevalent  in  England,  that  it 
attracted  the  attention  of  parliament.  It  was  found 
that,  in  1830,  there  was  paid  £31,843  8s.  8d.,  being  at 
the  .rate  of  £17  per  head.  This  was  very  appropri- 
ately called  blood-money,  and  the  individuals  man- 
hunters.  It  was  really  suggested  that  the  Burkites, 
who  engaged  to  find  subjects  for  dissection,  might  find 
it  more  profitable  to  slay  by  due  process  of  law  !  Three 
conspirators  actually  swore  away  the  life  of  a  poor 
man  for  £40,  which  was,  at  the  time,  the  reward  for  a 
highway  robber  !  Alas  !  what  is  there  man  will  not 
do  for  gold !  And  how  many  have  been  sacrificed  for 
ambition !  Hecatombs  of  human  victims  have  been 
ofiered  up  on  the  altars  of  both  ! 

Passing  over  the  fallibility  of  judges,  let  us  look  for 
a  moment  at  the  liability  of  witnesses  to  be  deceived, 
or  to  perjure  themseves,  or  to  be  corrupted  by  others. 
'  There  is,'  as  Judge  Hales  observes,  '  a  charge  that  is 


112  IRREMEDIABILITY. 

easily  made,  and  difficult  to  be  disproved,  resting 
solely  upon  the  solitary  oath  of  the  prosecutrix.'  How 
many  have  fallen  in  this  way,  through  revenge  or 
extortion  !  Mr.  Pollock  relates  an  instance  of  this 
kind,  in  which  a  man  was  tried  for  rape,  and  was 
executed  in  forty-eight  hours.*  He  was  satisfied  the 
man  was  innocent  !  It  is  a  maxim  in  law  that  a  per- 
son who  has  a  pecuniary  interest  in  a  matter,  is  not  a 
competent  witness,  but  the  most  depraved  wretch  that 
ever  bartered  the  remnant  of  a  conscience  for  gold,  is 
permitted  to  give  in  evidence  against  a  prisoner  where 
life  is  at  stake.  An  instance  is  recorded  where  two 
men  were  convicted  of  a  highway  robbery,  and  left 
for  execution,  at  Lancaster,  England,  upon  the  mock 
charge  of  a  villain.  The  diabolical  contrivance  was 
discovered  just  in  time  to  save  their  lives  !  Four 
others  came  near  losing  their  lives  in  the  case  of  a 
blood-money  conspiracy  !  An  instance  occurred  at  the 
trial  of  the  Knapps,  in  Salem,  Mass.,  a  few  years  since. 
A  man  was  even  brought  to  testify  from  the  State 
Prison.  He  was  objected  to  by  some.  Hon.  Daniel 
Webster,  who  was  secured  as  counsel,  made  the 
remark,  that  truth  was  truth,  if  it  came  from  the  bot- 
tomless pit  !f  And  he  was  admitted.  The  remark  is 
correct,  but  it  is  a  singular  source  to  look  for  truth. 
We  might  multiply  facts,  but  we  must  find  room  for 

*  This  seems  to  have  been  the  usual  time,  in  England,  allotted  to  a 
criminal,  imder  sentence  of  death,  unless  the  Sabbath  intervened ; 
and  to  give  him  a  day  longer,  judges  would  often  manage  to  pass  sen- 
tence on  Friday ! 

I  This  anecdote  is  given  from  the  impression  of  the  author,  though 
Mr.  "Webster  admitted  to  him  that  such  a  witness  was  present,  but  did 
not  distinctly  recollect  the  remark  here  ascribed  to  him,  though  I  was 
at  liberty  to  give  it  in  this  form. 


IRREMEDIABILITY.  113 

several  cases  where  the  punishment  of  death  has  actu- 
ally taken  place. 

EXECUTION   OF   THOMAS   HARRIS   FOR   MTJRDER. 

The  individual  kept  a  public  house  on  the  road  to  Newcastle 
He  employed  a  man  and  maid  servant.  James  Gray,  a  blacksmith, 
stopped  there  for  the  night.  In  the  morning,  he  was  found  dead 
in  his  bed.  Morgan  deposed  that  he  found  his  master  on  the 
stranger's  bed,  in  the  act  of  strangling  him,  and  that  he  saw  him, 
through  a  key-hole,  rifling  his  pockets.  Harris  denied  the  whole, 
and  was  about  being  discharged,  when  the  maid  servant  was  called, 
and  she  deposed  that  she  saw  her  master  take  some  gold,  that 
morning,  and  bury  it  in  a  private  corner  of  the  place.  A  constable 
was  despatched,  and  thirty  pounds  were  found !  The  accused 
admitted  the  hiding,  but  gave  his  answers  so  unwillingly,  that  all 
doubts  of  his  guilt  were  removed. 

Harris  was  brought  to  trial,  and  plead  that  the  money  was  his 
own,  and  that  he  buried  it  for  security ;  and  that  his  behavior  arose 
from  the  shame  of  acknowledging  his  covetousness,  and  not  from 
guilt.  The  evidence  was  summed  up,  and  in  two  minutes  the  jury 
found  a  verdict  of  guilty ! 

The  truth  came  out,  but  too  late.  Morgan  the  servant,  and  the 
maid,  were  sweethearts.  They  both  knew  that  their  master  hid 
money  in  the  garden,  and  both  agreed,  when  it  arose  to  a  certain 
sum,  to  plunder  the  hiding-place,  and  marry,  and  set  up  in  busi- 
ness. One  day,  Harris  struck  his  servant  Morgan,  and  he  deter- 
mined on  revenge.  James  Gray  arrived  at  this  fatal  period,  and 
Morgan  found  him  dead  the  next  morning.  Morgan  and  the  maid 
agree  to  charge  the  murder  upon  their  master.  On  the  trial,  the 
girl,  fearing  that  her  paramour  will  be  punished  for  perjury,  con- 
cludes to  sacrifice  the  hidden  money  and  her  master,  to  save  him. 

The  whole  of  this  stupendous  wickedness  came  to  light  in  1643, 
in  a  quarrel  between  Morgan  and  the  girl,  who  had  lived  together 
as  man  and  wife  ever  since  the  death  of  Harris. 

The  innocence  of  Harris  was  farther  evident  by  its  being  found 
that  James  Gray,  the  supposed  murdered  person,  had  had  two 
attacks  of  apoplexy,  some  months  previous  to  his  death,  and  that 
he  was  never  worth  five  pounds,  at  one  time,  in  his  life  ! 
10* 


114  IRREMEDIABILITy. 

The  following  case,  from  a  London  paper,  furnishes 
the  strongest  arguments  to  the  friends  of  the  abolition 
of  Capital  Punishment.  At  the  Surrey  Sessions,  Mr. 
Charnoch,  who  was  engaged  to  defend  a  prisoner  on 
circumstantial  evidence,  said  such  evidence  was  al- 
ways dangerous  to  conviction,  and  cited  the  following 
illustration : 

EXECUTION    OF   A    FARMER    FOR    THE   MURDER   OF    HIS   NIECE. 

A  farmer,  who  was  left  executor  and  guardian,  was  indicted  for 
the  wilful  murder  of  his  niece.  A  serious  quarrel  took  place 
between  them,  and  the  farmer  was  heard  to  say  that  his  niece  would 
not  live  to  enjoy  her  property.  Soon  after,  she  was  missed. 
Rumors  were  quickly  spread  that  she  was  murdered  by  her  guar- 
dian. On  being  apprehended,  blood  was  found  upon  his  clothes. 
The  judge  was  persuaded  to  postpone  the  trial,  and  the  most  stren- 
uous exertions  were  made  to  find  the  niece,  but  in  vain !  The 
prisoner,  to  save  his  life,  resorted  to  a  step  which  procured  his  con- 
demnation and  execution  within  forty-eight  hours  after  his  trial. 
A  young  lady  was  produced,  exactly  resembling  the  supposed  mur- 
dered female.  Her  height,  age,  complexion  and  voice  were  so 
similar  that  the  witnesses  swore  to  the  identity.  An  intimation  was 
given  that  the  female  was  not  the  niece.  By  skilful  cross-exami- 
nation, the  artifice  was  detected,  and  the  unfortunate  man  was 
hung.  The  unhappy  convict  declared  his  innocence,  but  was  re- 
buked by  the  clergyman  for  his  hardihood. 

In  two  years  after,  the  niece  made  her  appearance,  and  claimed 
the  property.  It  appeared  that,  the  day  after  the  fatal  quarrel,  she 
eloped  with  a  stranger  to  whom  she  was  attached,  and  she  had  not 
been  heard  of  till  her  unexpected  return,  and  that,  by  mere  acci- 
dent, she  had  heard  of  her  uncle's  execution. 

On  looking  over  the  popular  work,  just  issued  from 
the  pen  of  Mrs.  Child,  entitled  '  Letters  from  New 
York,'  we  found  two  cases.  They  show  very  conclu- 
sively the  awful  results  that  flow  from  our  present 


IRREMEDIABILITY.  115 

law.  The  case  of  the  poor  German  is  indeed  very 
touching,  and  is  related  with  the  spirit  and  vigor 
which  characterizes  all  the  productions  of  the  fair 
authoress : 

EXECUTION    OF   A   POOR    GERMAN   FOR   MURDER. 

A  few  years  ago,  a  poor  German  came  to  New  York,  and  took 
lodgings,  where  he  was  allowed  to  do  his  cooking  in  the  same  room 
with  the  family.  The  husband  and  wife  lived  in  a  perpetual  quar- 
rel. One  day,  the  German  came  into  the  kitchen,  with  a  clasp- 
knife  and  a  pan  of  potatoes,  and  began  to  pare  them  for  his  dinner. 
The  quarrelsome  couple  were  in  a  more  violent  altercation  than 
usual,  but  he  sat  with  his  back  towards  them,  and,  being  ignorant 
of  their  language,  felt  in  no  danger  of  being  involved  in  their  dis- 
putes. I^t  the  woman,  with  a  sudden  and  unexpected  movement, 
snatched  the  knife  from  his  hand,  and  plunged  it  into  her  husband's 
heart.  She  had  sufficient  presence  of  mind  to  rush  into  the  street, 
and  scream  murder.  The  poor  foreigner,  in  the  mean  while,  seeing 
the  wounded  man  reel,  sprang  forward  to  catch  him  in  his  arms, 
and  drew  out  the  knife.  People  from  the  street  crowded  in,  and 
found  him  with  the  dying  man  in  his  arms,  the  knife  in  his  hand, 
and  blood  upon  his  clothes.  The  wicked  woman  swore,  in  her 
most  positive  terms,  that  he  had  been  fighting  with  her  husband, 
and  had  stabbed  him  with  a  knife  he  always  carried.  The  unfor- 
tunate German  knew  too  little  English  to  understand  her  accusa- 
tion, or  to  tell  his  own  story.  He  was  dragged  off  to  prison,  and 
the  true  state  of  the  case  was  made  known  through  an  interpreter  ; 
but  it  was  not  believed.  Circumstantial  evidence  was  exceedingly 
strong  against  the  accused,  and  the  real  criminal  swore  that  she 
saw  him  commit  the  murder.  He  was  executed,  notwithstanding 
the  most  persevering  efforts  of  his  lawyer,  John  Anthon,  Esq., 
whose  convictions  of  the  man's  innocence  were  so  painfully  strong, 
that,  from  that  day  to  this,  he  has  refused  to  have  any  connection 
with  a  capital  case.  Some  years  after  this  tragic  event,  the  woman 
died,  and,  on  her  death-bed,  confessed  her  agency  in  the  diabolical 
transaction  ;  but  her  poor  victim  could  receive  no  benefit  from  this 
tardy  repentance.  Society  had  wantonly  thrown  away  its  power  to 
atone  for  the  grievous  wrong. 


116  IRREMEDlABILITy. 

The  following,  from  the  same  pen,  is  indeed  affect- 
ing. The  magnanimous  conduct  of  the  poor  con- 
demned Burton,  to  save  his  loved-one,  is  finely  pre- 
sented ;  and  also  his  effort  to  take  his  own  life,  which 
was  prevented  for  the  cruel  purpose  of  taking  it  away 
according  to  law : 

TRAGICAL   FATE    OF    BURTON,    1^   MISSOURI. 

A  young  lady,  belonging  to  a  genteel  and  very  proud  family  in 
Missouri,  was  beloved  by  a  young  man  named  Burton  ;  but,  unfor- 
tunately, her  affections  were  fixed  on  another,  less  worthy.  He 
left  her  with  a  tarnished  reputation.  She  was  by  nature  energetic 
and  high-spirited  ;  her  family  were  proud,  and  she  lived  in  the 
midst  of  a  society  which  considered  revenge  a  virtue,  and  named  it 
honor.  Misled  by  this  false  popular  sentiment,  and  her  own  ex- 
cited feelings,  she  resolved  to  repay  her  lover's  treachery  with  death. 
But  she  kept  her  secret  so  well  that  no  one  suspected  her  purpose, 
though  she  purchased  pistols,  and  practised  with  them  daily.  Mr. 
Burton  gave  evidence  of  his  strong  attachment  by  renewing  his 
attentions  when  the  world  looked  most  coldly  upon  her.  His 
generous  kindness  won  her  bleeding  heart,  but  the  softening  influ- 
ence of  love  did  not  lead  her  to  forego  the  dreadful  purpose  she 
had  formed.  She  watched  for  a  favorable  opportunity,  and  shot 
her  betrayer  when  no  one  was  near  to  witness  the  horrible  deed. 
Some  little  incident  excited  the  suspicion  of  Burton,  and  he  induced 
her  to  confess  to  him  the  whole  transaction.  It  was  obvious  enough 
that  suspicion  would  naturally  fasten  upon  him,  the  well-known 
lover  of  her  who  had  been  so  deeply  injured.  He  was  arrested, 
but  succeeded  in  persuading  her  that  he  was  in  no  danger.  Circum- 
stantial evidence  v.as  fearfully  against  him,  and  he  soon  saw  that 
his  chance  was  doubtful ;  but  with  affectionate  magnanunity  he 
concealed  this  from  her.  He  was  convicted  and  condemned.  A 
short  time  before  the  execution,  he  endeavored  to  cut  his  throat; 
but  his  life  was  saved  for  the  cruel  purpose  of  taking  it  away  accor- 
ding to  the  cold-blooded  barbarism  of  thb  law.  Pale  and  wounded, 
he  was  hoisted  to  the  gallows,  before  the  gaze  of  a  Christian  com- 
munity. The  guilty  cause  of  all  this  was  almost  frantic  when  she 
found  that  ho  had  thus  sacrificed  himself  to  save  her.      She  imme- 


IRREMEDLIBILITY.  117 

diately  published  the  whole  history  of  her  wrongs  and  her  revenge. 
Her  keen  sense  of  wounded  honor  was  in  accordance  with  public 
sentiment;  her  wrongs  excited  indignation  and  compassion,  and 
the  knowledge  that  an  innocent  and  magnanimous  man  had  been  so 
brutally  treated,  excited  a  general  revulsion  of  popular  feeling. 
No  one  wished  for  another  victim,  and  she  was  left  unpunished, 
save  by  the  dreadful  records  of  her  memory. 

It  is  related  by  Dymond,  in  his  Essays  on  the  Prin- 
ciples of  Morahty,  that,  at  one  assizes,  he  believed  that 
not  less  than  six  innocent  persons  were  hanged. 

The  following  deplorable  instance  of  rape  and  mur- 
der is  given  by  Dr.  Smollet.  It  goes  far  to  confirm 
the  view  which  we  have  maintained,  that  public  exe- 
cutions have  no  good  effect  upon  spectators,  for  here 
the  real  criminals  actually  assisted  on  the  occasion : 

'  The  victim  was  an  unfortunate  woman,  in  the 
neighborhood  of  London.  The  real  criminals  assisted 
at  the  execution,  and  heard  the  innocent  man  appeal 
to  heaven,  while  they,  in  the  character  of  friends, 
embraced  him  as  he  stood  on  the  brink  of  eternity.'* 

The  following  instances  are  from  a  speech  made  by 
O'CoNNELL,  before  the  London  Society  for  the  diffusion 
of  information  on  the  subject  of  Capital  Punishment. 
And  as,  at  this  present  crisis,  everything  from  him 
attracts  the  notice  of  the  civilized  world,  and  as  all 
true  philanthropists  are  looking  to  him,  in  his  mighty 
efforts  for  the  cause  of  humanity,  we  give  the  lan- 
guage ascribed  to  him  : 

'  He  had  long  been  deeply  impressed  with  the  con- 
viction that  Capital  Punishment  ought  to  be  entirely 
abolished.      He  could  not  forget  that  '  Vengeance  is 

*  History  of  England,  vol.  iii.,  p.  318. 


118  IRREMEDIABILITy. 

mine,  saith  the  Lord,  and  I  will  repay  it.'  Perhaps  it 
was  by  the  impulse  of  feeling,  and  what  he  conceived 
to  be  humanity,  that,  in  the  early  part  of  his  life,  he 
was  brought  to  this  conviction;  but  long,  and  he 
might  venture  to  say,  great  experience  in  the  criminal 
law — for  no  advocate,  at  least  in  his  own  country,  had 
the  miserable  boast  which  he  could  make  of  the 
frequency  of  his  practice  in  that  branch — that  expe- 
rience had  confirmed  him  in  his  opinion,  that  there 
should  not  be  in  man  the  power  of  extinguishing 
human  life,  because  the  result  was  irreparable;  be- 
cause the  injury  could  not  be  compensated  which 
might  be  done,  if  the  beings  were  not  infallible  who 
inflicted  the  punishment ;  (and  where  should  we  find 
such  T)  and,  because,  while  we  thought  we  were  vin- 
dicating the  law  of  society,  we  might  be  committing 
the  greatest  outrage  that  could  be  perpetrated  upon  our 
fellow-creatures.  The  honorable  and  learned  gentle- 
man who  spoke  last,  shuddered  at  the  death  even  of  a 
criminal ;  but  what  would  have  been  his  feelings  if  he 
had  witnessed,  as  he  had,  the  execution  of  the  iimo- 
cent ! ' 

EXECUTION    OF    TWO    BROTHERS    FOR    ROBBERY. 

One  of  the  first  events  which  struck  him  when  he  was  rising 
into  life,  was  seeing  a  gentleman  who  had  forsaken  society,  and 
thrown  himself  into  a  mountain  lodge,  abandoning  the  intercourse 
of  men,  and  wandering  about  like  a  troubled  spirit,  a  willing  out- 
law, and  an  outcast  from  the  social  state.  He  inquired  the  cause, 
and  learned  that  it  originated  in  these  circumstances : — Two  men 
got  into  his  bed-room  at  night,  and  robbed  him,  but  did  not  treat 
him  with  any  brutality.  He  prosecuted  two  brothers  for  the  crime  ; 
and  they,  being  unprepared  with  any  defence,  from  a  consciousness 
of  their  innocence,  were  convicted  and  executed.  Not  a  fortnight 
after  they  had  been  laid  in  the  grave,  in  the  presence  of  theii 


IRREMEDIABILITY.  119 

father,  and  amidst  the  tears  of  their  broken-hearted  mother,  the 
gentleman  discovered  his  total  mistake ! 

Mr.  O'Connell  said  he  would  mention  another  in- 
stance, of  which  he  had  a  personal  knowledge : 

EXECTTTION    OF   THREE   BROTHERS   FOR   MURDER. 

He  defended  three  brothers  who  were  indicted  for  murder ;  and 
the  judge  having  a  leaning,  as  was  not  unusual  in  such  cases,  to 
,  the  side  of  the  crown  prosecution,  almost  compelled  the  jury  to 
convict.  He  sat  at  his  window  as  the  men  passed  by,  after  receiv- 
ing sentence.  A  military  guard  was  placed  over  them,  and  it  was 
positively  forbidden  that  any  one  should  have  any  intercourse  with 
them.  He  saw  their  mother,  strong  in  her  affections,  break 
through  the  guard,  which  was  sufficient  to  resist  any  male  force — 
he  saw  her  clasp  her  eldest  son,  who  was  but  twenty-two  years  of 
age — he  saw  her  cling  to  her  second,  who  was  but  twenty — and  he 
saw  her  faint  as  she  clasped  the  neck  of  her  youngest  boy,  who 
was  but  eighteen. 

Instead  of  giving  our  views,  we  prefer  to  give  the 
reflections  of  O'Connell  himself  He  asked  'What 
compensation  could  be  given  for  such  agony,  and  for 
such  a  sacrifice  of  human  life  as  that?'  After  citing 
another  case,  of  one  who  was  saved  from  an  execu- 
tion by  his  efforts,  he  proceeds : — 

'  He  mentioned  these  facts  to  show  with  what 
extreme  caution  any  one  should  do  that  which  was 
irrevocable.  When  we  recollected  that,  in  criminal 
cases,  a  prisoner  was  almost  shut  out  from  making 
any  defence ;  and  that,  in  cases  of  circumstantial  evi- 
dence, men  were  convicted,  not  upon  facts,  but  upon 
reasonings  and  deductions; — when  we  recollected  that 
the  criminal  law  permitted  the  counsel  for  the  crown 
to  aggravate  the  impression  against  the  prisoner,  and 


120  IRREMEDIABILITY. 

prohibited  his  counsel  from  opening  his  mouth  in  his 
defence, — it  might  be  said,  Avithout  much  exaggera- 
tion, that  such  a  code  was  written  in  letters  of  blood. 
Was  this  England,  the  first  country  in  the  world  for 
the  love  of  liberty,  and  the  encouragement  of  all  the 
arts  which  adorn  civilization  and  morality  ?  Was  this 
the  country  where,  if  a  man  had  five  pounds  at  stake, 
he  might  employ  ten  or  twenty  counsel  to  speak  for 
him  as  long  as  they  liked ;  but,  when  his  life  was 
in  jeopardy,  the  law  said,  "The  counsel  against  you" 
shall  speak  in  aggravation  of  the  charge ;  but  the  lips 
of  your  counsel  shall  be  sealed!"  Up  to  the  present 
moment,  that  horrible  state  of  the  law  continued.  He 
was  firmly  persuaded  that  if  he  had  been  entitled  to 
speak  on  behalf  of  those  three  brothers — feeble  as 
might  be  his  advocacy,  perhaps  his  heart  would  have 
aided  his  judgment,  and  given  him  an  inspiration 
beyond  the  natural  dulness  of  his  disposition — he  felt 
that  he  would  have  made  it  impossible  for  any  jury  to 
convict.  If  the  punishment  of  these  three  brothers  had 
not  been  incapable  of  being  recalled,  they  might  have 
been  restored  to  their  family ;  and  the  mother,  who 
wept  over  their  grave,  might  have  been  borne  in 
decency  to  her  tomb  by  those  over  whose  premature 
death  she  mourned.'^ 

We  can  add  nothing  to  such  eloquent,  burning  lan- 
guage. It  is  the  true,  the  lion-hearted  O'Connell  who 
speaks.  Tiie  voice  comes  across  the  Atlantic  from 
the  old  world.  It  is  a  voice  from  Ireland  !  And  it 
comes  not  from  one  who  speaks  from  mere  theory,  but 
from  one  who  has  felt,  who  has  seen,  the  innocent 

*  See  Herald  of  Peace  for  April,  May  and  June.     London  :  1832. 


IRREMEDI  ABILITY.  121 

suffer ;  who  even,  while  sitting  at  his  window,  actu- 
ally saw  the  distracted  mother  as  she  hroke  through 
the  guard  to  embrace  her  innocent  children  on  their 
way  to  the  scaffold  ! 

What  a  thrilling  scene !  This  fact  alone  should 
.  make  the  whole  civilized  world  pause  and  tremble,  lest 
another  innocent  victim  should  be  sacrificed  upon  the 
altar  of  this  bloody  law !  And  how  many  have  fallen ! 
Rev.  Mr.  Chapin  says,  'it  has  been  estimated  that  there 
are  over  one  hundred  ! '  How  many  more,  is  known 
only  to  him  who  is  the  Great  Searcher  of  hearts. 
What  a  dark  catalogue  !  How  many  griefs  and  tears  ! 
How  many  broken  hearts !  How  many  distracted, 
ruined  families !  And  yet,  how  many  lift  up  their 
voice,  even  now,  in  favor  of  blood !  And  when  we 
turn  now  to  distracted,  oppressed  Ireland,  in  her 
ardent  struggles  for  liberty,  how  solemn  is  her  voice, 
as  it  comes  to  us  from  her  '  great  Agitator ! '  Even 
now,  he  is  arraigned  for  conspiracy,  in  charges  which 
have  occupied  seventy  hours  in  reading !  And  who  can 
tell,  who  can  predict,  her  fate  1  The  law  of  death  still 
exists — the  bloody  axe  is  lifted  up  !  She  may  yet  add 
another  to  the  long  list  of  those  who  have  fallen  vic- 
tims to  the  punishment  of  death  !  Heaven  spare  her 
from  such  a  fate  ! 

11 


PART  II. 


SACRED    SCRIPTURES. 


ESSAY   I. 

CAIN. 

Scriptures — Dominion  not  given  to  man  over  man — First  murder  in 
first  family — Lamech — Abimelech — The  Sacrifice — Murder  of  Abel 
— Address  of  Deity — Omniscience  of  Deity — Life  inviolable — O^ 
jection — Anecdote  of  Biron — Immutable  distinctions — Strength  of 
the  argument — Refections — First  and  last  murder. 

Life  is  not  to  be  taken,  even  for  life.  From  beneath  that  rainbow 
arc,  and  from  the  eishes  of  martyred  Abel,  and  from  the  stamped  fore- 
head of  Cain,  is  proclaimed  to  the  magistrate  and  the  criminal,  to  the 
murderer  in  his  bloody  purpose,  and  the  judge  in  his  fearful  decision, 
'  Thou  Shalt  not  kill ! '  E .  H.  Chapin. 

Having  presented  various  facts  and  arguments  from 
history  and  observation,  we  now  approach  the  sacred 
volume;  that  volume  which  must  decide  all  moral 
questions,  and  by  which  every  system  of  Moral  Phi- 
losophy is  to  be  tried.  Let  us  go  then  to  its  sacred 
pages,  solemnly  and  reverently  asking  for  light  from 
Him  who  is  the  source  of  all  moral  and  spiritual  light ; 
to  Him  who  '  in  the  beginning  created  the  heavens 
and  the  earth ;'  who  said,  '  Let  us  make  man  in  our 
own  image.' 

Having  finished  our  fair  world  and  placed  man  '  to 
replenish  and  subdue  it.  He  saw  it  was  very  good.' 
And  '  the  morning  stars  sang  together,  and  all  the  sons 
of  God  shouted  for  joy.' 

Such  was  the  work  of  creation.  God  gave  man 
'  dominion  over  the  fish  of  the  sea,  and  over  the  fowls 
of  the  air,  and  over  the  cattle,  and  over  all  the  earth, 
11* 


126  CAIN. 

and  over  every  creeping  thing  that  creepeth  upon  the 
earth.'  But  man  has  extended  that  dominion  over  his 
fellow-man,  and  marred  the  image  of  God.  Instead 
of  making  the  earth  to  bloom  and  bud,  he  has  strewn 
its  surface  with  dungeons  and  gibbets,  and  made  it  a 
vast  charnel  house  !  From  the  hour  that  Abel  fell,  to 
the  present,  man  has  imbrued  his  hands  in  the  blood 
of  his  fellow-man. 

Let  us  then  turn  back  the  page  of  history,  and  look 
into  the  first  family  that  inhabited  our  fair  world. 
What  an  interesting  period !  The  first  family !  We 
need  not  go  to  the  garden  and  witness  their  temptation 
and  moral  degradation,  for  our  plan  leads  us  to  their 
subsequent  history,  as  they  walk  forth,  driven  from 
Paradise,  laden  with  guilt  and  sorrow.  As  we  follow 
them  in  the  mind's  eye,  how  anxiously  we  desire  that 
they  may  find  rest  and  peace.  But  O  !  the  mutability 
of  all  earthly  things !  For  lo !  a  murder  even  by 
their  first-born  !  A  brother  stricken  down  by  the  hand 
of  a  brother !  What  sorrow  must  have  rent  their 
hearts  as  they  beheld  the  stiffened  corse  of  Abel ! 
What  a  scene  !  The  first  murder  in  the  first  family  ! 
Scarcely  had  the  plough  turned  a  furrow,  ere  the  earth 
drank  in  the  blood  of  one  of  her  sons  !  How  dark  the 
prospect  of  our  race  at  that  period  !  ^     How  foul  the 


*  Pursuing  sacred  history,  we  find  Lamech,  the  father  of  Noah,  was  a 
murderer,  and  yet  life  was  still  held  inviolable.  And,  in  addition  to 
this,  he  was  the  first  bigamist ;  for  we  are  told  that  Lamech  said  unto 
his  wives,  Adah  and  Zillah,  '  Hear  my  voice,  ye  ■waves  of  Lamech, 
hearken  unto  my  speech  ;  for  I  have  slaia  a  man  to  my  wounding,  and 
a  young  man  to  my  hurt :  if  Cain  shall  be  avenged  seven-fold,  truly 
Lamech  seventy-and-seven-fold.' 

Pursuing  history  still  farther,  we  find  that  the  punishment  of  death 
originated  with  Abimelech,  Gen.  xxvi.  11.  To  secure  Isaac  and  his 
wife  after  their  prevarication,  in  which  he  had  said,  '  She  is  my  sister,* 


CAIN.  127 

deed  !  How  cruel  the  motive ! — '  because  his  own 
works  were  evil,  and  his  brother's  righteous.'  Here 
we  see  the  foul  demon,  envy,  not  content  with  driving 
the  first  pair  from  Paradise,  but  even  alluring  their 
first-born  from  the  path  of  virtue !  How  insinuating, 
how  wily  his  arts!  He  even  goes  to  the  altar  and 
sows  there,  with  a  sacrilegious  hand,  the  seeds  of 
discord ! 

How  simple,  how  artless  the  account!  'And  in 
process  of  time  it  came  to  pass  that  Cain  brought  of 
the  fruit  of  the  ground  an  offering  unto  the  Lord.  And 
Abel,  he  also  brought  of  the  firstlings  of  his  flock,  and 
of  the  fat  thereof  And  the  Lord  had  respect  unto 
Abel  and  to  his  offering.  But  unto  Cain  and  to  his 
offering  he  had  not  respect.  And  Cain  was  very  wroth, 
and  his  countenance  fell.'  How  early  in  the  history 
of  our  race  did  passion  triumph  over  reason !  Behold 
the  calmness  of  the  Great  Supreme,  as  he  addresses  the 
murderer !  '  And  the  Lord  said  unto  Cain,  why  art 
thou  wroth  7  and  why  is  thy  countenance  fallen  7  If 
thou  doest  well,  shalt  thou  not  be  accepted  1  and  if 
thou  doest  not  well,  sin  lieth  at  the  door.  And  unto 
thee  shall  be  his  desire,  and  thou  shalt  rule  over  him.' 
How  calmly  !  how  deliberately  did  Cain  lift  his  mur- 
derous arm  against  his  brother !  '  And  Cain  talked 
with  Abel  his  brother,  and  it  came  to  pass,  when  they 
were  in  the  field,  that  Cain  rOse  up  against  Abel  his 
brother  and  slew  him.'  Again  Heaven  speaks,  and  in 
the  same  calm  tone  !  '  And  the  Lord  said  unto  Cain, 
where  is  Abel  thy  brother  ? '     What  a  question  to  a 


Abimelech,  after  stating  what  might  have  been  the  consequences, 
'  charged  all  his  people,  saying,  he  that  toucheth  this  man  or  his  wife, 
shall  surely  be  put  to  death.' 


128  CAIN. 

brother  !  How  direct !  Now  see  how  the  demon  leads 
on  his  miserable  victim.  Not  content  with  murder,  he 
drives  him  to  falsehood  and  deception !  There  is  a 
dreadful  connection  between  the  vices,  and  a  beautiful 
connection  between  the  virtues.  He  who  ascends  but 
a  single  step  may  reach  the  highest  point  in  moral 
excellence.  He  who  descends  may  reach  the  lowest 
depths  of  depravity !  The  history  of  man  confirms 
this  remark.  It  is  a  great  moral  truth  of  the  utmost 
moment.  How  early  was  it  revealed  in  the  moral 
world  !  How  little  has  it  been  heeded  !  It  is  inwoven 
in  the  very  texture  of  things.  And  how  inseparably 
connected  are  vice  and  wretchedness,  and  virtue  and 
happiness ! 

Cain  even  imagines  that  he  may  deceive  God  him- 
self !  '  He  said,  I  know  not.  Am  I  my  brother's 
keeper  ? '  How  natural  for  him  who  has  deceived 
himself,  to  think  that  he  can  deceive  others,  even  the 
Great  Searcher  of  hearts !  But  the  same  kind  voice 
speaks.  The  Great  Father  does  not  forsake  the  mur- 
derer, though  the  murderer  has  forsaken  him  ! 

There  is  no  solemn  mockery  of  a  trial.  The  sin  is 
laid  to  his  charge.  '  What  hast  thou  done  ?  The  voice 
of  thy  brother's  blood  crieth  unto  me  from  the  ground.' 
There  is  indeed  a  voice  in  blood.  The  great,  the 
solemn,  the  perpetual,  the  universal  mandate  has  gone 
forth  from  the  Great  Legislator  of  the  universe,  '  Thou 
shah  not  kill ! '  Blood  doth  indeed  cry  from  the  ground. 
The  murderer  may  bury  his  victim  deep,  but  there  is 
an  eye  that  sees  him ;  there  is  one  who  has  said  of  the 
wicked,  '  Though  they  dig  into  hell,  thence  shall  mine 
hand  take  them;  though  they  climb  up  to  heaven,- 
thence  will  I  bring  them  down.'  His  eye  is  not  dim 
that  he  cannot  see,  nor  his  ear  heavy  that  he  cannot 


CAIN.  129 

hear.  And  He  who  made  man  in  his  own  image,  will 
ever  regard  that  image  with  tenderness  and  love.  Life 
is  sacred,  inviolable;  and  he  who  destroys  that  hfe 
will  he  held  accountable.  And  yet  how  slowly  does 
man  learn  this  great  truth!  Earth's  fairest  scenes 
have  been  reddened  with  blood ;  her  mountains  have 
been  stained  with  human  gore,  her  valleys  have  been 
rivers  of  blood,  and  her  streams  have  been  polluted, 
and  she  has  been  a  vast  slaughter-house.* 

There  was  no  trial,  we  have  said;  there  were  no 
witnesses,  no  judge  with  his  ermine  robe,  no  gathering 
of  spectators,  no  prison,  no  fetters  forged  for  the  cul- 
prit. No.  The  Great  Lawgiver  himself  presided,  and 
pronounced  the  sentence.  And  what  a  lesson  of  calm- 
ness !  What  mingling  of  mercy  and  justice  !  And 
what  a  beautiful  example  for  legislation  in  all  ages  ! 

We  have  seen  the  deed;  we  have  learned  the  motive^ 
and  now  the  sentetice!  'And  now  art  thou  cursed 
from  the  earth,  which  hath  opened  her  mouth  to  receive 
thy  brother's  blood  from  thy  hand.  When  thou  tillest 
the  ground,  it  shall  not  henceforth  yield  unto  thee  her 
strength.  A  fugitive  and  a  vagabond  shalt  thou  be  in 
the  earth.'  Life  and  liberty  are  both  held  sacred. 
The  murderer  might  wander  upon  the  earth.  If  he 
who  had  reddened  its  surface  with  a  brother's  blood 
should  turn  to  it,  it  should  not  yield  unto  him  its 
strength.  And  so  it  ever  will  be  Avith  the  murderer. 
He  may  walk  forth  upon  the  earth,  but  briars  and 
thorns  will  spring  up  in  his  path,  and  at  every  step  his 
victim  will  ever  be  before  him.     No  wonder  Cain  said. 


*  Dick  has  made  an  estimate  in  one  of  his  works,  that  as  many  have 
been  slain  by  human  violence,  as  would  fill  eighteen  worlds  like  oar 
own! 


130  CAIN. 

'  My  punishment  is  greater  than  I  can  bear.  Behold ! 
Thou  hast  driven  me  out  this  day  from  the  face  of  the 
earth ;  and  from  thy  face  shall  I  be  hid ;  and  I  shall  be 
a  vagabond  in  the  earth;  and  it  shall  come  to  pass 
that  every  one  that  findeth  me  shall  slay  me.'  The 
poet  has  admirably  presented  the  feelings  of  Cain  in  the 
following  lines : 

To  the  broad  earth's  farthest  range 

Me  the  Almighty's  curse  has  driven,. 

My  crime  pursues  me  everywhere, 

And  '  Vengeance  I  Vengeance ! '  cries  to  heaven. 

Wo  is  me !  my  brother's  blood 

Echoes  through  the  wild  sea-shore  ; 

It  murmurs  in  the  hollow  blast, 

It  thunders  in  the  torrent's  roar. — Whitehouse. 

What  an  instinct  in  man,  that  leads  him  to  fear  from 
society  the  same  evil  that  he  has  inflicted  upon  another ! 
And  this  is  the  punishment  of  the  transgressor.  It  is 
one  of  the  moral  laws  of  God's  universe.  It  accords 
with  the  experience  of  every  human  being.  An  argu- 
ment has  been  founded  on  this  fact  in  o,ur  nature  in 
favor  of  the  Punishment  of  Death,  But  the  Author  of 
our  being  is  not  governed  by  our  fears  or  our  instinct. 
'  My  thoughts  are  not  your  thoughts,  nor  my  ways 
your  ways,'  saith  Jehovah.  Christianity  is  our  light 
and  our  guide ;  and  while  the  criminal  may  fear  from 
society  an  infliction  of  the  same  evil  that  he  has  com- 
mitted upon  others,  still  it  tells  him  that  the  age  of 
retaliation  is  past.  It  is  no  longer  '  an  eye  for  an  eye,' 
Still  justice  reigns,  and  terror  and  misery  will  follow 
in  his  steps.  He  will  say  in  the  morning,  '  would  to 
God  it  were  even !  and  at  even,  would  to  God  it  were 
morning!    for   the   fear  of  his   heart  wherewith  he 


CAIN.  131 

shall  fear,  and  for  the  sight  of  his  eyes  which  he 
shall  see.' 

It  may  be  said,  if  we  remove  the  gallows,  there 
is  no  terror.  Was  there  no  terror  to  Cain?  Has 
human  nature  altered?  Is  there  nothing  in  a  guilty 
conscience  1  Let  us  beware  how  we  turn  men  from 
themselves.  Let  us  show  them  there  is  a  hell  within ; 
that  in  the  very  act  of  doing  wrong,  they  kindle  a  fire 
in  their  own  hearts,  a  worse  hell  than  ever  poets  or 
divines  imagined.  And  while  we  teach  the  sanctity 
of  life,  let  us  show  that  misery  must  follow  in  the  path 
of  wickedness.  Any  other  doctrine  is  fraught  with 
danger  to  the  community.  The  author  of  Lacon  has 
spoken  very  aptly  on  this  subject.  '  That  the  wicked 
prosper  in  the  world,  that  they  come  into  no  misfortune 
like  other  folk,  neither  are  they  plagued  like  other 
men,  is  a  doctrine  that  divines  should  not  broach  too 
frequently  in  the  present  day.  For  there  are  some  so 
completely  absorbed  in  present  things,  that  they  would 
subscribe  to  that  blind  and  blasphemous  wish  of  the 
marshal  and  duke  of  Biron,  who,  on  hearing  an  eccle- 
siastic observe  that  those  whom  God  hath  forsaken 
and  deserted  as  incorrigible,  were  permitted  their  full 
swing  of  worldly  pleasures,  the  gratification  of  all 
their  passions,  and  a  long  life  of  sensuality,  affluence, 
and  indulgence,  immediately  replied,  "that  he  should 
be  most  happy  to  be  so  forsaken.'" 

Amidst  all  the  guilt  and  sufferings  of  the  murderer, 
still  both  life  and  liberty  were  held  sacred.  '  And  the 
Lord  said  unto  him.  Therefore,  whosoever  slayeth  him, 
vengeance  shall  be  taken  on  him  seven-fold.  And  the 
Lord  set  a  mark  upon  Cain,  lest  any  finding  him  should 
kill  him.'  How  remarkable !  The  first  law  on  record 
against  murder,  is  to  preserve  the  life  of  the  murderer 


132  CAIN. 

himself!  If  the  gallows  is  so  sanctifying,  why  was  it 
not  reared  at  that  early  period  in  the  history  of  man  1 

It  may  be  said  there  was  no  express  law  against 
crime ;  and  '  where  there  is  no  law,  there  is  no  trans- 
gression.' There  was  no  law  written  upon  stone,  but 
there  was  one  written  deep  upon  the  human  soul. 
There  is,  however,  an  eternal  and  immutable  distinc- 
tion between  virtue  and  vice,  truth  and  falsehood.  It 
is  an  eternal  law  of  nature  that  man  shall  not  kill.  It 
did  not  begin  to  be  a  law  when  first  revealed,  but  it 
was  so  from  the  beginning.  When  the  commands 
were  given  upon  Mount  Sinai,  they  were  only  a  tran- 
script from  the  great  Original  Mind,  of  what  had 
always  been  right.  Let  all  written  laws  against  crime 
be  abolished,  and  yet  it  would  be  wrong  to  commit 
them.  We  will  give  a  single  illustration.  Were  all 
human  statutes,  or  even  divine,  respecting  fraud,  injus- 
tice, or  cruelty,  to  be  struck  out  of  being,  still  it  would 
be  as  wrong  to  steal  or  murder,  as  if  we  had  ten  thou- 
sand more  laws  enacted.  Truth  is  truth,  right  is  right, 
independent  of  all  laws.* 

But  to  return.  Such  is  the  account  of  the  first  mur- 
der, the  Tnotive  by  which  it  was  prompted,  the  manner 
in  which  it  took  place,  the  trial  of  the  parricide,  the 
sentence  and  the  Judge.  And  how  many  solemn 
thoughts  rush  into  the  mind  !  We  behold  the  progeni- 
tors of  our  race  driven  from  Paradise,  laden  with  guilt 

*  The  author  could  not  be  expected,  in  a  work  of  this  nature,  to  enter 
into  a  dissertation  on  the  doctrine  of  Immutable  Distinctions.  He 
refers  the  reader  to  the  writings  of  Dugald  Stewart  and  Brown, 
and  especially  to  the  invaluable  work  of  Dr.  Samuel  Clarke,  enti- 
tled, 'A  discourse  concerning  the  Being  and  Attributes  of  God,  the 
obligations  of  Natural  Religion,  and  the  Truth  and  Certainty  of  the 
Christian  Revelation,'  vol.  ii.  p.  37,  London.  1725. 


CAIN.  133 

and  borne  down  with  sorrow.  We  behold  them  as  they 
clasp  their  first-born !  Then  a  few  short  years,  and 
what  a  scene  meets  their  eyes  !  Their  first-born  a  mur- 
derer !  We  follow  them  as  they  stand  over  the  body  of 
martyred  Abel ! — as  they  compose  his  cold  limbs  and 
lay  them  '  into  the  first  grave  dug  for  mortality  ! '  And 
liow  many  moral  truths  does  this  scene  present  to  the 
reflecting  mind !  And  were  it  our  province,  gladly 
would  we  present  them.  But  we  revert  to  the  history 
to  learn  the  fate  of  the  murderer,  and  what  an  argu- 
ment against  the  shedding  of  blood  !  Who  can  gain- 
say it?  And  here  the  great  fact  stands,  that  life  is 
inviolable,  that  even  the  days  of  the  murderer  are  too 
sacred  to  be  shortened !  And  here  it  ever  will  stand 
as  one  of  the  planets  in  the  firmament  of  revealed 
truth !  It  stands  for  the  guidance  of  all  legislators ! 
It  stands  forever  as  a  bow  in  God's  universe,  as  an 
oasis  in  a  desert.  And  when  the  hand  that  pens  these 
lines  shall  be  motionless  in  the  grave,  and  others  shall 
plead  for  the  sanctity  of  human  life,  here  will  be  found 
that  great  truth  stamped  with  the  broad  seal  of  Je- 
hovah. We  love  to  linger  here  and  contemplate  this 
bright  truth,  this  truth  on  which  rests  the  temporal  hap- 
piness of  a  world !  But  we  must  close.  Other  scenes 
invite  our  attention.  We  have  opened  the  volume  of 
inspiration,  and  we  must  follow  it  as  it  leads  us  on  to 
other  times  and  other  events.  And  we  finish  with  a 
single  reflection. 

The  first  murder  !  How  many  thoughts  are  awak- 
ened by  that  expression !  The  first  murder,  and 
that  a  brother,  and  in  the  first  family  that  trod  our 
fair  earth !  How  ardently  does  the  philanthropist 
look  forward  to  the  last  murder  !  To  that  quiet  and 
beautiful  period  when  the  earth  shall  no  longer  drink 
12 


134  CAIJN 

in  the  blood  of  her  children ;  when  superstition  and 
ignorance,  pride  and  passion,  bloodshed  and  misery, 
will  yield  before  the  dominion  of  the  Prince  of  Peace ; 
when  the  hand  of  cultivation  shall  spread  bloom  and 
beauty  through  all  the  valleys,  and  up  the  sides  of 
every  hill  and  mountain,  and  over  all  the  continents 
and  islands  of  the  earth,  till  at  last  the  Prince  of  Peace 
will  sit  upon  his  throne,  the  grand  pacificator  and 
restorer  of  a  world  !     How  glorious ! 


ESSAY    II. 

COVENANT  WITH  NOAH. 

Importance  of  the  argument — Cheever^s  vieio — Confounded  xoilh 
Mosaic  code — Cain^s  sentence  erperimental — Reply — The  deluge — 
The  promise — Rainbow —  Translation — Septuagint —  Vulgate — 
Le  Clerc — Calvin — Upham — A  prediction — Cheever^s  ridicule — 
Sanctity  of  life — Chapin^s  view — Patriarchal  age — Illustration 
from  Jesus —  The  revelator — Debate  in  Windward  Islands. 

'  We  regard  it  as  merely  expressive  of  a  great  retributive  fact  in 
nature,  and  in  the  overruling  Providence  of  God,  that  he,  who  design- 
edly and  wickedly  takes  human  life,  shall,  assuredly,  in  some  way  or 
other,  meet  with  severe  punishment,  and  will  probably  come  to  a  vio- 
lent end.' — T.  C.  Upham  ;  Manual  of  Peace,  p.  219. 

We  have  now  reached  a  very  important  part  of  our 
labor ;  a  portion  of  Scripture  on  which  the  advocates 
for  the  punishment  of  death  place  great  confidence. 
The  Rev.  Mr.  Cheever  calls  it  '  the  citadel  of  the  argu- 
ment, commanding  and  sweeping  the  whole  subject.' 

'  The  hand,'  he  continues,  '  that  drew  the  rainbow 
over  the  sky,  in  sign  "  that  storms  prepare  to  part," 
wrote  this  statute  in  lines  no  more  to  be  effaced  till 
the  destruction  of  all  things,  than  the  colors  of  the 
rainbow  can  be  blotted  from  the  sky,  while  lasts  the 
constitution  of  this  physical  universe.  And,  as  in 
every  conflict  of  the  elements  that  might  fill  men's 
souls  with  terror  of  another  deluge,  this  bow  of  mercy, 
this  vision  of  delight,  should  span  the  clouds  with  the 
glittering  arch,  so,  in  every  storm  of  human  passion, 
that  rises  to  the  violence  of  death,  this  statute,  as  a 


136  COVENANT  WITH  NOAH. 

bow  of  promise,  is  God's  assurance  to  the  world, 
against  the  anarchy  of  murder.  There  probably  never 
was  an  instance  of  murder  in  the  Christian  world,  in 
which  men  did  not  think  of  it ;  nor  ever  an  instance  in 
the  heathen  world,  in  which  the  voice  of  conscience 
did  not  echo  its  assurance.  As  it  stands  in  the  Scrip- 
tures, it  is  one  of  the  planets  in-  the  firmament  of  re- 
vealed truth ;  to  strike  it  out  from  its  place,  and  from  its 
authority  for  the  guidance  of  human  legislation,  would 
be  like  striking  the  constellation  of  the  Pleiades,  or  the 
bright  North  Star,  from  heaven.  A  great  writer  has 
said,  with  most  profound  wisdom,  that  it  is  only  by 
celestial  observations  that  terrestrial  charts  can  be  ac- 
curately constructed ;  and  so,  it  is  only  by  the  divine 
light  that  comes  down  from  these  divine  statutes,  that 
human  legislation  can  be  perfected ;  it  is  only  by  com- 
parison with  these  statutes,  that  the  mistakes  of  human 
prejudice  or  ignorance  can  be  detected  and  adjusted. 
Sure  we  are,  that,  on  the  ocean  of  human  passion, 
neither  states  nor  individuals  can  be  safe,  but  by 
charts,  mapped  and  marked  beneath  the  light  of  these 
enactments.  It  is  light,  like  that  of  the  planets,  has 
travelled  unaltered  and  unabated  across  the  storms 
and  changes  of  thousands  of  years ;  and  still  it  shines, 
and  still  will  it  shine  to  the  end  of  the  world;  for 
as  sure  as  we  are  that  a  God  of  mercy  gave  this  com- 
prehensive element  of  law  to  Noah,  so  sure  we  are 
that  he  will  never  suffer  it  to  be  blotted  from  human 
statute  books  by  the  presumptuous  tampering  of  a 
single  generation.'* 
•  Such  is  the  boasting,  extravagant  manner  in  which 


*  The  argument  of  Rev.  George  B.  Cheever,  in  reply  to  J.  L 

O'SuLLiVAN,  Esq.,  p.  39.     New  York  :    1843. 


COVENANT  WITH  NOAH.  137 

this  reverend  divine  speaks  of  the  covenant  of  Noah. 
He  even  goes  farther,  and  endeavors  to  show  that  it 
is  inhuman  to  strike  out  the  penalty  of  death.  This 
is  only  a  reiteration  of  the  same  argument  that  has 
always  been  employed  by  the  advocates  of  sanguinary 
laws.  But  this  will  be  more  fully  met  in  our  review 
of  the  obj(3ctions  at  the  close  of  the  work. 

Let  us  take  a  general  view  of  the  use  made  of  this 
covenant.  We  find  that  many  writers  confound  it 
with  the  Mosaic  code,  which  was  not  given  till  nearly 
a  thousand  years  after.  Strictly  speaking,  the  passage 
on  which  we  are  now  commenting  was  not  a  code. 
It  was  a  law  or  prophecy  connected  with  regulations 
of  another  kind.  The  advocates  for  the  Punishment 
of  Death  often  use  it  both  as  a  command  and  prophecy. 
But  the  most  singular  reason  for  this  covenant  is  that 
given  by  the  Rev.  Mr.  Cheever,  in  the  introduction  of 
his  reply  to  O'Sullivan.  '  I  have  argued  that  in  con- 
sequence of  the  divine  lenity  in  the  case  of  Cain,  the 
crime  of  murder  had  become  frightfully  common,  the 
earth  being  filled  with  violence.  The  assurance  that 
his  own  life  would  not  be  taken,  with  which  Lamech, 
whether  a  murderer  or  a  homicide,  comforted  himself 
and  his  wives  by  the  example  of  Cain's  preservation, 
shows  how  men  reasoned  from  that  lenity ;  and  that 
the  consequence  of  it  would  be  a  great  cheapness  in 
the  estimate  of  human  life,  a  great  freedom  in  the 
indulgence  of  violent  passion,  unrestrained  by  conse- 
quences, and  a  perfect  carelessness  and  recklessness  in 
bloodshed.'  Indeed,  then,  the  Deity  must  have  been 
a  poor  legislator !  What  a  mistake  !  How  short- 
sighted !  Not  to  see  that,  even  in  a  period  scarcely 
covering  the  life  of  a  patriarch,  in  passing  sentence 
upon  Cain,  the  result  would  be  '  a  great  cheapness  in 
12* 


138  COVENANT  WITH  NOAH. 

the  estimate  of  human  Hfe,'  'a  perfect  carelessness 
and  recklessness  in  blood-shed  ! '  And  pray  what 
certainty  have  we,  on  this  ground,  that,  in  future 
legislation,  God  may  not  make  a  similar  mistake  ! 
And  how  are  we  to  know  but  he  has  been  mistaken  in 
every  age,  and  that  even  in  sending  Christianity  from 
heaven,  He  may  fail  in  making  it  effectual  in  the 
redemption  of  man !  But  we  cannot  pursue  this  au- 
thor in  such  a  strain  of  remark.  The  idea  that  God 
was  thus  trying,  as  it  were,  the  experiment  of  dispens- 
ing with  Capital  Punishment,  for  the  experimental 
instruction  of  the  human  race  itself,  certainly  seems 
puerile  and  absurd  in  the  extreme. 

Let  us  look  at  the  circumstances  connected  with  this 
passage.  Its  history  is  solemn  and  unspeakably  impor- 
tant. '  The  earth  was  filled  with  violence.'  '  All  in 
whose  nostrils  was  the  breath  of  life,  of  all  that  was  in 
the  dry  land  died.'  .  .  '  Noah  only  remained  alive, 
and  they  that  were  with  him  in  the  ark.'  What  a 
melancholy  scene !  What  a  wild  waste  of  waters ! 
How  dark  the  prospect  of  our  race  at  that  period  ! 

At  last,  'the  windows  of  heaven  were  stopped,' 
and  the  ark  rested  upon  the  mountains  of  Ararat. 
'  The  dove  was  sent  forth,  and  she  comes,  and  lo !  an 
olive  leaf  plucked  off !  So  Noah  knew  that  the  waters 
were  abated  from  off  the  earth.'  '  And  Noah  went 
forth,  and  his  sons,  and  his  wife,  and  his  sons'  wives 
with  him.'  And,  as  they  went,  Heaven  sent  forth  the 
gracious  promise :  '  While  the  earth  remaineth,  seed 
time  and  harvest,  and  cold  and  heat,  and  summer  and 
winter,  and  day  and  night,  shall  not  cease.'  What 
a  beautiful  promise  !  How  interesting  the  circum- 
stances ! 

Now,  as  the  last  wave  of  the  deluge  swept  over  the 


COVENANT  WITH  NOAH.  199 

earth,  and  man  was  again  to  re-people  its  surface,  God 
establishes  his  covenant  with  his  chosen  servant. 
'  And  the  fear  of  you,  and  the  dread  of  you,  shall  be 
upon  every  beast  of  the  earth,  and  upon  every  fowl  of 
the  air,  upon  all  that  moveth  upon  the  earth,  and  upon 
all  the  fishes  of  the  sea ;  into  your  hand  are  they 
delivered.  Every  moving  thing  that  liveth  shall  be 
meat  for  you ;  even  as  the  green  herb  have  I  given 
you  all  things.  But  flesh  with  the  life  thereof,  which 
is  the  blood  thereof,  shall  ye  not  eat.  And  surely  your 
blood  of  your  lives  will  I  require :  at  the  hand  of  every 
beast  will  I  require  it,  and  at  the  hand  of  man ;  at  the 
hand  of  every  man's  brother  will  I  require  the  life  of 
man.  Whoso  sheddeth  man's  blood,  by  man  shall  his 
blood  be  shed ;  for  in  the  image  of  God  made  he  man.'*= 
Then  was  established  the  token  of  the  covenant,  '  the 
bow  in  the  cloud.'  And  in  no  age  has  there  been  a 
cloud  so  dark  that  the  great  Father  could  not  paint 
his  bow  there !  And,  as  ages  have  swept  over  our 
earth,  as  storms  have  beat  Upon  it,  man  has  ever  been 
able,  amid  all  his  sorrows  and  trials,  to  feel,  as  he 
lifted  his  eyes  toward  heaven,  '  that  the  waters  should 
no  more  become  a  flood  to  destroy  all  flesh.'  Such  is 
the  history  of  the  covenant  with  Noah.  Let  us  pro- 
ceed to  discover  its  true  meaning.  And  if  we  can  but 
show,  by  fair  interpretation,  that  it  does  not  sanction 
the  law  of  the  Punishment  of  Death,  then  its  advocates 
must  remain  content;  for  here,  Mr.  Cheever  says,  is 
the  citadel  of  the  argument ;  '  all  else  is  a  mere  gue- 
rilla warfare,  if  you  cannot  carry  this  entrenchment.* 
To  give  our  remarks  order  and  precision,  we  will  pre- 
sent them  under  two  different  views. 

*  Gen.  ix.  2—6. 


140  COVENANT  WITH  NOAH, 

I.  The  true  rendering. 

II.  A  prophetic  warning. 

I.  The  true  rendering.  Some  commentators  have 
given  a  different  view  from  our  common  English  trans- 
lation. We  might  not  have  noticed  this  fact,  were  it 
not  that  they  beUeved  in  the  punishment  of  death. 
No  one  will  doubt  this  remark  in  relation  to  Calvin ; 
for  the  cruel  death  of  Servetus  evidently  shows  that 
he  was  both  theoretically  and  practically  in  favor  of 
such  a  form  of  punishment;  and  his  history  adds 
another  to  the  long,  dark  catalogue  of  facts,  showing 
the  perverted  use  that  may  be  made  of  the  Punishment 
of  Death.  Both  spiritual  and  political  despots  have 
ever  found  it  a  weapon  ready  prepared  at  their  hands. 

Mr.  Rantoul,  to  whom  we  are  greatly  indebted  for 
many  valuable  facts,  says,  '  that  the  Hebrew  parti- 
ciple translated  "whoso  sheddeth,"  answers  to  our 
•English  word  "shedding,"  and  might,  with  quite  as 
much  or  more  propriety,  be  rendered  "whatsoever 
sheddeth;"  and  the  grammatical  construction  will  be 
consulted  by  substituting  "  its"  for  "  his."  The  clause 
will  then  read,  "  whatsoever  sheddeth  man's  blood, 
by  man  shall  its  blood  be  shed."  '*  He  then  shows 
that  this  rendering  makes  it  consistent  with  the  con- 
text, which  was  to  show  the  sanctity  of  human  life. 
'  The  fear  and  dread  of  man  shall  be  upon  every 
beast.  The  beasts  may  be  eaten  for  food,  but  not  with 
the  sacred  principle  of  life,  the  blood;  for  life  is 
sacred,  and  if  your  blood  of  your  lives  shall  in  any 
case  be  shed,  I  will  require  a  strict  account  of  it, 
whether  it  be  shed  by  beast  or  man.  I  will  myself 
call  to  a  strict  account  the  man  who  shall  shed  the 

*  See  Report  made  to  the  Massachusetts  Legislature,  1836,  p.  79. 


COVENANT  WITH  NOAH.  141 

blood  of  his  brother,  but  if  a  beaM  has  shed  man's 
blood,  by  man  let  that  beast  be  slain,  because  that 
beast  has  profanely  marred  the  irnage  of  God  in  the 
human  frame.'  Mr.  O'SuUivan  says  the  literal  ren- 
dering is,  '  Shedding  blood  of  man  in  man  his  (or  its) 
blood  will  be  shed.'  He  then  endeavors  to  show  the 
difficulties  attending  the  common  translation.  He, 
however,  does  not  rest  his  argument  upon  the  mere 
rendering  of  the  passage.  '  That  of  the  Septuagint 
would  alone  suffice,  as  it  is  not  to  be  supposed  that 
the  seventy-two  learned  Jews  of  Alexandria,  two  hun- 
dred and  eighty-seven  years  before  Christ,  would 
have  misunderstood  the  Hebrew  expression ;  and  their 
rendering  into  Greek  is :  *o  iKXim  oJf^*  ar9/)iTo«,  aw  toS 
atiMLTot  <*!/ToO  'atxv6i<riTiti.  "  Whoso  shcddcth  a  man's  blood, 
for  his  blood  (i.  e,  the  blood  of  the  slain)  will 
have  his  own  shed."  So  also  the  Samaritan  version, 
as  rendered  into  Latin,  has  it,  '^pro  homine  sanguis 
ejus  effundetur"  —'■'■  for  the  man  his  blood  will  be 
shed."  While  the  Latin  Vulgate  renders  it  simply : 
"  Quieumque  effudrit  humanum  sanguinem  fundetur 
sanguis  illius," — "  Whoso  sheddeth  human  blood,  his 
blood  will  be  shed," — omitting  our  "by  man"  alto- 
gether.' Calvin  says,  'to  render  it  "by  man,"  is  a 
"  forced"  construction.'  And  he  interprets  it  rather  in 
a  denunciatory  than  in  a  mere  legislative  sense.  Le 
Clerc,  who  is  certainly  high  authority,  in  a  note  on  the 
word,  says,  '  that  while  some  translate  it  '■'"per  homi- 
nem,"  i.  e.  through  or  by  man,  and  that  the  preposi- 
tion heth  is  constantly  to  be  found  in  the  sense  of  per^ 
yet,  "in  accordance  with  the  most  frequent  usage  of 
the  Hebrew  language,  it  would  have  been  said  bjad 
ADAM,  by  the  hand  of  man.  Yet  it  is  always  read  baa- 
dam,  or  in  mail,  or  among  menJ^     "As  in  man  (con- 


142  COVENANT  WITH  NOAH. 

tinues  Le  Clerc)  would  scarcely  make  any  sense,  we 
are  led  to  adopt  the  other  signification,  among  men ; 
whence  arises  a  plain  proposition,  which  is  the  same  as 
that  of  the  words  immediately  preceding,  but  more 
clearly  expressed.  God  has  said  that  he  will  7'equire  the 
life  of  the  man  slain  from  the  slayer,  among  men  or 
among  beasts ;  he  here  more  fully  sets  forth  the  same 
truth  when  he  says  that  the  blood  of  the  slayer  will  be 
shed.  A  similar  expression  is  used  in  Ecclesiastes 
viii.  9,  Dominates  est  homo  inter  homines  in  malum, 
suhvm.  It  also  often  occurs  in  the  books  of  Moses, 
BAADAM  ouBABBHEMA,  amoug  men  arid  beasts,  as  in  Exo- 
dus xiii.  2 Nor  are  these  words  to  be  understood 

otherwise  than  (og  env  xo  nolv,  (as  generally  to  happen,) 
as  such  expressions  constantly  occur  among  the  sacred 
and  profane  writers.  Homicides  generally  suffer  a 
retributive  punishment  for  their  crime,  whether  they 
fall  into  the  hands  of  the  law,  or,  by  the  just  providence 
of  God,  perish  by  some  violent  death."  '*  Such 
authority  ought  to  settle  forever  the  true  rendering. 
Professor  Upham,  one  of  the  first  Hebrew  scholars  in 
this  country,  says,  'that  the  passage  may  read,  "who- 
so sheddeth  man's  blood,  by  man  will  his  blood  be 
shed."  '  He  adds  that  the  expressions  'are  obviously 
not  to  be  understood  as  a  command,  authorizing  and 
requiring  every  one,  by  his  own  act,  and  in  his  own 
person,  to  put  to  death  any  and  every  other  individual 
who  has  been  guilty  of  murder.  Such  an  interpre- 
tation would  fill  the  world  with  violence  and  con- 
fusion.' 


*  See  an  able  article,  entitled  '  The  Gallows  and  the  Gospel,'  in  the 
Democratic  Eeview  for  March,  1813.  Also  the  number  for  April, 
1843. 


COVENANT  WITH  NOAH.  143 

II.  The  passage  may  be  considered  as  a  denuncia- 
tion or  prediction.  We  know  that  the  advocates  of 
the  law  of  death  will  look  on  such  a  view  with  suspi- 
cion, or  as  an  evasion  of  its  true  meaning.  But  we 
leave  them  in  the  hands  of  commentators  of  their  own 
school.  When  men  like  Le  Clerc,  Michaelis,^  Calvin, 
and  Upham  favor  such  a  rendering,  it  is  certainly 
entitled  to  respect.  The  Rev.  Mr.  Cheever  actually 
turns  such  a  view  into  ridicule.  '  Suppose,'  he  says, 
'  a  malicious  neighbor,  in  that  early  age,  to  have  set  a 
trained  bloodhound  on  a  man  whose  life  he  was  seek- 
ing ;  and  the  obedient  animal,  true  to  his  own  nature, 
and  an  admirable  instrument  of  murder  for  his  mas- 
ter, takes  the  life-blood  of  his  victim.  Must  the  man 
be  arraigned  and  executed  on  the  charge  of  murder  1 
By  no  means,  say  the  humane  expositors  of  this  law 
of  God ;  that  would  be  to  add  murder  to  murder.  Let 
the  man  escape,  but  the  dog  must  be  hung ;  the  fero- 
cious brute,  that  knew  no  better  than  instinctively  to 
do  what  his  master  bade  him,  and  so  to  slay  a  man 
made  in  the  image  of  God,  deserves  to  die.  Let  the 
court  proceed  to  condemn  the  blood-thirsty  quadru- 
ped ;  and,  to  show  the  sacredness  of  human  life,  and 
protect  society  from  the  incursions  of  wild  beasts,  let 
the  creature  be  solemnly  executed ;  and  let  it  be  done 
in  the  sight  of  all  the  other  beasts  and  bloodhounds 
you  can  summon  to  the  spectacle ;  for  the  statute  is, 
"  Whatsoever  sheddeth  man's  blood,  by  man  shall  thai 
beast's  blood  be  shed  !"  '  We  shall  see  that  all  such 
remarks  are  not  only  ridiculous,  but  even  blasphe- 
mous. We  sincerely  believe  that  our  views  are  con- 
firmed by  history,  both  sacred  and  profane.     The  pas- 

*  Commentaries  on  the  Laws  of  Moses,  ch.  iv.,  ^2,  art.  274. 


144  COVENANT  WITH  NOAH. 

sage  expresses  a  great  retributive  fact  revealed  in  the 
moral  world,  and  in  the  Word  of  God.  He  who 
wickedly  takes  human  life  will  meet  with  severe  pun- 
ishment, and  come  to  a  miserable  end.  It  may  be 
understood  in  the  same  general  sense  as  that  in  the 
fifty-fifth  Psalm :  '  Bloody  and  deceitful  men  shall  not 
live  out  half  their  days.'  It  is  so  arranged  in  the  con- 
stitution of  things,  and  in  the  providence  of  God,  that 
bloody  and  deceitful  men  do  not  prosper,  but  always 
meet  with  disappointment  and  suffering.  To  human 
appearance,  they  may  prosper,  but,  if  we  could  look 
within,  we  should  find  they  were  as  '  whited  sepul- 
chres, full  of  dead  men's  bones.'  '  The  way  of  the 
transgressor  is  hard.'  And  he  who  even  attempts  to 
strew  that  way  with  flowers  and  roses,  does  an  un- 
speakable injury  to  society. 

The  very  object  of  the  passage  was  to  strengthen 
and  deepen,  in  the  human  soul,  the  great  idea  of  the 
sacredness  of  life.  Even  if  destroyed  by  a  beast,  its 
life  would  be  the  forfeit ;  not  man,  for  that  would 
destroy  the  very  idea  of  the  sanctity  of  life.*  '  The 
provision  conforms  naturally  with  that  dread  and 
fear,  with  which  beasts  are  to  regard  their  appointed 
lord  ;  it  accords  precisely  with  the  main  object  of  the 
law  itself,  that  blood  shall  not  be  eaten,  in  order  to 

*  The  same  sentiment  will  be  found  to  be  incorporated  -with  the 
Mosaic  Code.  And  the  principle  is  found  in  connection  with  the  laws 
of  other  nations.  '  An  individual  accused  of  murder  was  allowed,  by 
one  of  the  Athenian  laws,  to  banish  himself  from  Attica,  in  the  early 
stages  of  the  process.  If  he  returned,  however,  before  a  compromise 
was  effected  between  his  friends  and  those  of  the  person  slain,  he 
might  be  put  to  death.  Plutarch  relates  that  Solon  required  a  dog, 
which  had  bitten  a  man,  to  be  delivered  up  to  the  vengeance  of  the 
law ;  and  a  statue,  which,  by  falling,  killed  an  Athenian,  was  pun- 
ished as  a  murderer.' 


COVENANT  WITH  NOAH.  145 

cultivate  a  reverence  for  the  principle  of  life ;  and  we 
see  the  force  of  the  reason  for  it,  that  man  is  made  in 
the  image  of  the  Deity,  which  would  not  be  very- 
apparent,  if  it  were  understood  to  mean,  that  because 
murder  was  a  marring  of  God's  image,  therefore, 
whenever  that  image  had  been  once  marred,  it  should 
be  marred  again.' 

The  whole  passage  breathes  a  sentence  of  condem- 
nation against  taking  life,  assigning  a  reason  of  the 
utmost  weight:  'for  in  the  image  of  God  made  He 
man.'  As  though  the  Deity  would  say,  just  as  man 
was  once  more  stepping  forth  to  re-people  the  earth. 
My  image  is  sacred ;  it  is  not  to  be  marred,  and  I  will 
throw  around  it  every  guard,  that  it  may  be  preserved 
inviolable.  *=  But,  if  the  passage  conveys  the  common 
notion,  it  would  defeat  itself  Certainly,  it  could  not 
mean,  that  when  the  image  was  marred  by  the  mur- 
derer, his  image  should  also  be  marred ;  for  this 
would  indeed  fill  the  earth  again  with  violence..  And 
where  would  such  a  principle  end  7    For  he  who  took 


♦  The  Rev.  Mr.  Chapin,  in  his  Discourses  on  Capital  Punishment, 
p.  17,  well  observes,  that  '  the  term  "  ro^a^soever  "  would  seem  to  direct 
the  application  of  the  mandate  in  the  text  to  the  beast,  to  something 
lower  than  man  ;  and  the  blood  of  the  beast,  shedding  man's  blood, 
man  might  shed ;  but,  says  the  context,  "  at  the  hand  of  every  man's 
brother  will  /," — not  shall  man,  not  shall  a  court  of  justice,  but  "  will  1 
require  the  life  of  man."  The  penalty  here  is  not  with  man,  but  with 
God.  This,  then,  I  say,  seems  to  be  the  idea  of  the  text  and  contexts. 
The  principle  of  life  has  a  mysterious  sanctity,  even  in  the  beast. 
But  man  has  a  high  distinction  from  the  brute.  He  has  not  only  the 
principle  of  life  in  him,  but  he  is  made  in  the  image  of  God.  Man, 
then,  is  not  to  violate  this  principle  of  life  in  the  beast,  for  even  there 
it  is  sacred.  But  the  beast  violating  it  in  man  shall  die  by  the  hand 
of  man ;  and  man  violating  it  in  his  brother,  shall  render  an  account 
to  God  ;  for  in  the  case  of  man's  murder,  not  only  is  the  principle 
of  life  violated,  but  the  image  of  God  is  desecrated.' 

13 


146  COVENANT  WITH  NOAH. 

the  life  of  the  murderer  must  fall.  Taking,  then,  the 
popular  view,  when  the  first  murder  was  committed, 
it  would  authorize  a  second  to  meet  it ;  and,  then,  he 
who  was  the  executioner  must,  in  turn,  have  his  blood 
shed ;  and  so  on,  till  the  very  last  man  stood  upon  the 
ruins  of  a  world ! 

There  is  one  consideration  which  ought  to  have 
great  weight  with  those  who  advocate  the  penalty  of 
death  from  the  covenant  of  Noah.  It  seems,  however, 
to  have  been  entirely  overlooked  by  them.  We  refer 
to  the  fact,  that  even  in  the  patriarchal  age,  it  was 
not  understood  as  a  command  to  take  life.  We  have 
an  account  '  of  the  murder  of  Shechem  and  the  peo- 
ple of  his  city,  by  Simeon  and  Levi,  the  sons  of 
Jacob,*  undet  circumstances  of  a  most  treacherous 
ferocity.  Had  the  covenant  with  Noah  been  under- 
stood in  that  day  as  requiring  the  retribution  of  blood 
for  blood,  it  is  not  to  be  supposed  that  the  patriarch 
Jacob — combining  the  character  of  ruler  with  that  of 
parent — would  have  left  unexecuted  the  mandate  so 
directly  and  imperatively  given  by  the  recent  voice  of 
God  himself  His  grief  and  anger  for  their  crime  are 
shown  in  Gen.  xxxiv.  30.  He  nowhere  intimates  any 
feeling  of  remorse  for  the  neglect  of  what  would 
otherwise  have  been  a  high  and  solemn  duty  incum- 
bent on  him  as  a  patriarch.  While  in  his  denuncia- 
tion, on  his  death-bed,  of  the  future  retribution  yet  to 
overtake  the  seed  of  the  guilty  brothers,  (Gen.  xlix. 
6,  7,)  he  makes  no  allusion  to  any  such  penalty,  upon 
them  or  theirs,  as  that  which  must  have  been  regarded 
as  inevitable,  had  he  understood  the  passage  in  ques- 
tion  according  to   the   modern   interpretation  of  the 

*  See  Genesis,  eh.  xxxiv. 


COVENANT  WITH  NOAH.  147 

advocates  of  Capital  Punishment.'  We  forget  that 
Moses  himself  was  a  muMerer,  even  while  this  cove- 
nant was  the  only  law. 

In  presenting  a  prophetic  view  of  this  passage,  we 
feel  that  we  are  uttering  a  great  and  salutary  truth,  a 
truth  so  solemn  and  universal  in  its  application,  that 
we  know  not  where  to  end  our  labors.  Violence  begets 
violence-:  *  a  violent  life  will  be  likely  to  close  with  a 
violent  death.'  This  truth  is  not  felt  nor  understood. 
Illustrations  might  be  drawn  from  history,  both  sacred 
and  profane.  When  the  Great  Legislator  of  the  uni- 
verse announced  this  prophecy.  He  did  but  utter  the 
same  great  truth  that  later  Revelations  were  designed 
to  confirm.  *  He  that  doeth  wrong  shall  receive  for 
the  wrong  which  he  hath  done.'  As  age  after  age 
rolled  on ;  as  empires  rose  and  fell,  this  great  law  was 
continually  developed.  At  last,  the  Great  Teacher 
came  from  heaven,  and  established  it  forever.  How 
many  passages  might  be  drawn  from  his  weighty 
admonitions  as  illustrations !  One  only  can  be  pre- 
sented. Passing  over  the  many  thrilling  events  which 
marked  the  eventful  life  of  the  Son  of  God,  let  us 
view  him  in  the  trying  hour  that  he  passed  in  the  gar- 
den of  Gethsemane.  Surrounded  by  his  enemies,  on 
the  very  eve  of  a  cruel  and  ignominious  death,  and  in 
sight  of  the  very  cross  on  which  he  was  to  suffer,  he 
says  to  Peter,  while  in  the  very  act  of  employing  the 
sword,  'Put  up  again  thy  sword  into  his  place;  for 
all  they  that  take  the  sword,  shall  perish  with  the 
sword.'*  What  a  momentous  declaration  ! — big  with 
the  fate  of  nations ;  for,  what  nation  exists  that  has 
not  'taken  the  sword?'     And,  when  applied  practi- 

*  Matt.  xxvi.  52. 


148  COVENANT  WITH  NOAH. 

cally  to  individuals,  how  many  illustrations  might  we 
not  find !  The  history  of  llie  world  shows  that  those 
who  resort  to  acts  of  cruelty  and  violence  are  exposed 
to  similar  acts  in  return. 

If  any  consideration  can  add  weight  to  the  words 
of  him  '  who  spake  as  never  man  spake,'  it  is  the  fact 
that,  even  in  the  closing  up  of  Heaven's  record,  the 
same  truth  is  again  presented,  preceded  by  the  im- 
pressive address,  '  If  any  man  have  an  ear,  let  him 
hear.'  '  He  that  leadeth  into  captivity,  shall  go  into 
captivity  ;  he  that  killeth  by  the  sword,  must  be  killed 
by  the  sword.'  Here  is  the  patience  and  the  faith  of 
the  saints.* 

Professor  Upham,  to  whom  we  feel  deeply  indebted 
for  many  facts,  has  well  expressed  our  views  in  his 
admirable  work  on  Peace.  '  The  mark  of  Cain  is 
stamped  upon  murderers,  and  they  are  lost  and  ruined 
men,  even  if  the  civil  magistrate  does  not  touch  them. 
All  nature  frowns  upon  them;  the  very  stones  cry 
out;  some  perish  by  quarrels  in  the  streets;  some 
seek  a  refuge  on  the  ocean  and  are  drowned;  some 
are  put  to  death  by  their  fellow-men  from  feelings  of 
revenge,  some  are  killed  in  war,  some  put  themselves 
to  death  by  violent  means,  some  die  of  pure  remorse 
and  anguish  of  spirit;  and,  in  one  way  or  other,  as 
sure  as  there  is  a  God  in  heaven,  who  requires 
the  blood  they  have  shed  at  their  hands,   they  all, 


*  Rev.  xiii.  10.  The  word  rendered  here,  will  bear  the  interpreta- 
tion herein,  or  on  this  account  in  hac  re,  as  Rosenmuller  has  it.  The 
passage  would  indicate  submission  to  enemies,  trust  in  God.  It  is  a 
corroboration  of  that  injunction,  'Avenge  not  yourselves,  vengeance-is 
mine  ;  I  will  repay  saith  the  Lord.' 


COVENANT  WITH  NOAH.  149 

sooner  or  later,  come  to  a  miserable  end.'*  This 
amiable  author  seems  even  to  think  that  the  execu- 
tioner is  not  exempt  from  the  general  doom  of  the 
murderer.  To  him  who  has  violated  God's  law,  the 
very  earth  on  which  he  treads  is  a  prison.  He  is, 
indeed,  like  Cain,  a  fugitive  and  a  vagabond ;  and  he 
is  afraid  that  every  one  that  findeth  him  will  slay 
him.  You  need  forge  no  chains  for  him ;  he  has  forged 
his  own  chains.  You  need  write  out  no  sentence; 
for  everywhere  he  finds  written,  '  Thou  art  weighed 
in  the  balance,  and  found  wanting.'     He  is  his  own 

*  Before  me  lies  an  account  that  illustrates  the  language  of  Pro- 
fessor Upuam,  in  a  very  striking  manner ;  '  About  sixty  years  since, 
an  exciseman,  who  lived  between  Symington  and  Christ-church,  on 
the  Southern  coast  of  England,  was  barbarously  beaten  to  death  in 
the  presence  of  his  wife  and  daughter,  who  were  deterred  from  giving 
an  alarm  by  two  of  the  gang,  who  stood  over  them  with  a  pistol  at 
each  of  their  heads.  The  sufferer  (named  Bursey)  had,  by  his  vigi- 
lance in  his  duty,  rendered  himself  obnoxious  to  the  smugglers  on  the 
coast,  and  a  party  of  them  obtained  access  to  his  house,  by  one  of  the 
smugglers  calling  Bursey  up  at  midnight,  with  a  false  account  of 
unlawful  doings  near  by,  and  getting  Bursey  to  open  the  door,  that  the 
informer  might  wait  in  the  hall  while  Bursey  dressed  himself.  On 
this,  the  gang  rushed  in  on  him  and  accomplished  their  object ;  and 
although  the  government  offered  a  large  reward,  no  tidings  were 
obtained  of  the  murderers  for  twenty-five  years  afterward.  At  about 
that  time,  the  minister  of  Symington  church  was  sent  for  by  a  man 
on  his  death-bed,  and  this  man  confessed  that  he  was  the  thirtieth  man 
of  the  gang  who  had  murdered  Bursey ;  that  he  stood  watch  at  the 
garden  wicket,  between  the  house  and  the  road,  to  give  the  alarm,  if 
needful,  but  had  no  further  active  hand  in  the  murder ;  that  the  other 
twenty-nine  had  every  one  died  a  violent  death — some  by  fire,  shipwreck, 
battle,  frays  with  their  companions  in  crime,  execution  for  other 
crimes,  or  by  some  other  means — so  that,  of  the  whole  thirty,  no  one 
but  himself  had  a  chance  to  die  in  their  beds  or  their  homes.  At  the 
time  of  this  confession,  the  writer  was  in  the  neighborhood  of  Syming- 
ton, and  had  the  facts  from  the  minister  who  received  the  dying  man';? 
confession.' 

13* 


150  COVENANT  WITH  NOAH. 

enemy.  No  human  government,  no  outward  circum- 
stance, can  injure  him  to  the  extent  he  has  injured 
himself.  He  may  fly  from  every  human  tribunal,  hut 
he  cannot  fly  from — himself  I  With  his  own  hands 
he  kindles  the  fires  of  hell  within  his  own  soul ! 
Once  more,  we  repeat,  and  we  would  that  we  could 
reach  the  heart  of  every  sovereign,  and  every  indi- 
vidual, that  '  Whoso  sheddeth  man's  blood,  by  man, 
shall  his  blood  be  shed,'  Let  society  feel  that  this  is 
not  to  be  done  by  human  tribunals,  but  that  it  is  a 
great  law  inwoven  in  the  very  constitution  of  things. 
Let  all  our  systems  of  Moral  Philosophy  be  based  on 
this  great  moral  truth.  Let  it  be  deeply  impressed 
upon  the  minds  of  our  children.  Let  it  be  written 
upon  the  gateway  of  all  our  courts  of  justice.  Let  it 
guide  all  legislation.  Let  society  everywhere  be  im- 
pressed with  this  moral  law  of  heaven,  that  violence 
begets  violence ;  that  he  who  wantonly  sports  with  life 
will  himself  meet  with  violence,  disappointment  and 
sorrow.  When  once  the  community  are  made  to  rea- 
lize this  truth,  more  good  will  be  accomplished  in  a  sin- 
gle hour  than  all  the  scaffolds,  chains  and  gibbets  have 
accomplished  since  time  began  !  It  is,  indeed,  '  one  of 
the  planets  in  the  firmament  of  revealed  truth ;  to 
strike  it  out  from  its  place,  and  from  its  authority  for 
the  guidance  of  human  legislation,  would  be  like 
striking  the  constellation  of  the  Pleiades,  or  the  bright 
North  Star,  from  heaven.'  '  It  is  light,  like  that  of  the 
planets,  has  travelled  unaltered  and  unabated  across 
the  storms  and  changes  of  thousands  of  years ;  and 
still  it  shines,  and  still  will  it  shine  to  the  end  of  the 
world.' 

He  who  labors  to  establish  this  great  moral  law  in 
the  hearts  of  men,  will  benefit  his  race  more  than  all 


COVENANT  WITH  NOAH.  151 

the  conquerors  of  earth.  What  a  lesson  for  the  ambi- 
tious !  How  slowly  the  world  learns  this  essential 
truth !  How  desirous  men  are  to  lower  the  standard 
of  duty  to  their  own  narrow  views  and  sordid  feel- 
ings !  Man  must  be  brought  up  to  the  standard ;  it 
will  never  be  brought  down  to  man.  Let  the  standard 
be  raised ;  let  the  banner  be  unfurled  that  human  life 
is  sacred,  that  '  in  the  image  of  God  made  He  man.' 
Here  is  a  great  work  to  be  done.  And  if  he  is  useful 
who  cultivates  the  soil,  and  makes  it  bloom  and  bud, 
how  much  more  so  is  he  who  plants  a  moral  truth  in 
the  human  soul,  a  truth  that  will  '  bring  forth  the 
fruits  of  righteousness,'  one  that  will  germinate  and 
flourish  when  thrones  and  dominions  shall  have  passed 
away,  and  when  all  the  fading  glories  of  earth  shall 
be  lost  in  the  glory  and  light  of  eternity  ? 

Subjoined  is  a  very  interesting  account  of  a  debate 
in  reference  to  this  very  passage,  in  a  formal  parlia- 
ment of  the  Windward  Society  Islands.  It  is  taken 
from  the  Voyages  and  Travels  of  D.  Tyerman  and 
G.  Bennet.  We  present  it  as  a  very  singular  docu- 
ment, and  as  sliowing  the  progress  of  religious  truth, 
and  the  views  the  unsophisticated  mind  of  the  heathen 
takes  of  the  Noahic  covenant,  on  first  becoming  ac- 
quainted with  the  Bible.  Surely,  if  these  untutored 
savages  thought  it  safe  to  dispense  with  the  punish- 
ment of  death,  the  civilized  world  need  not  be  afraid. 

It  may  be  remarked  that  the  question  was  death  or 
exile  for  life  to  a  desolate  island,  and  the  latter  was 
adopted : 

On  the  question  being  proposed,  Hitoti,  the  principal  chief  of 
Papeete,  stood  up,  and,  bowing  to  the  president  and  the  persona 


152  COVENANT  WITH  NOAH. 

around  him,  said,  '  No  doubt  this  was  a  good  law,  but  a  thought 
has  been  growing  in  my  heart  for  several  days,  and  when  you  have 
heard  my  little  speech,  you  will  understand  what  it  is.  The  laws 
of  England,  from  which  country  we  have  received  so  much  good 
of  every  kind,  must  not  they  be  good  1  Now,  my  thought  is,  that 
as  England  does  so,  it  may  be  well  for  us  to  do  so.  That  is  my 
thought.' 

Perfect  silence  followed;  and  it  may  be  observed  here,  that 
during  the  whole  eight  days'  meeting  of  this  parliament,  there 
was  not  an  angry  word  spoken  by  one  against  another,  nor  did 
any  assume  more  knowledge  than  the  rest.  None  controverted 
the  opinion  of  a  preceding  speaker,  or  even  remarked  upon  it  with- 
out some  respectful  commendation  of  what  appeared  praiseworthy 
in  it,  while,  for  reasons  which  he  modestly  but  manfully  assigned, 
he  deemed  another  sentiment  better. 

After  looking  round  to  see  if  one  was  np  before  him,  Utami, 
the  principal  chief  of  Buanaauia,  rose,  and  thus  addressed  the 
president :  '  The  chief  of  Papecto  has  said  well,  that  we  have 
received  a  great  many  good  things  from  the  kind  Christian  people 
of  England.  Indeed,  what  have  we  not  received  from  Beretane? 
(Britain.)  Did  they  not  send  us  (Azea)  the  Gospel?  But  does 
not  Hitoti's  speech  go  too  far  ?  If  we  take  the  laws  of  England 
for  our  guide,  then  must  we  not  punish  with  death  those  who 
break  into  a  house  1 — those  who  write  a  wrong  name  ? — those  who 
steal  a  sheep  ? — and  will  any  man  in  Tahiti  say  that  death  should 
grow  for  these?  No,  no,  this  goes  too  far.  So  I  think  we  should 
stop.  The  law,  as  it  is  written,  I  think,  is  good  ;  perhaps  I  am 
wrong,  but  that  is  my  thought.' 

After  a  moment  or  two  of  stillness,  Upuparu,  a  noble,  intelli- 
gent and  stately  chief,  stood  forth.  It  was  a  pleasure  to  look 
iipon  his  animated  countenance  and  frank  demeanor,  without  the 
smallest  affectation  either  of  superiority  or  condescension.  He 
paid  several  graceful  compliments  to  the  former  speakers,  while, 
according  to  his  thought,  in  some  things  each  was  right,  and  each 
was  wrong.  '  i\Iy  brother  Hitoti,  who  proposed  that  we  should 
punish  murder  by  death  because  England  does  so,  was  wrong,  as 
has  been  shown  by  Utami.  For  they  are  not  the  laws  of  England 
which  are  to  guide  us,  though  they  are  good  ;  the  Bible  is  our 
perfect  guide.      Now,  Mitti  Fruter  (the  missionary  Crook)  waa 


COVENANT  WITH  NOAH.  153 

preaching  to  us  on  (naming  the  day)  from  the  Scripture,  '*  He 
that  sheddeth  man's  blood,  by  man  shall  his  blood  be  shed,"  and 
he  told  us  this  was  the  reason  of  the  law  of  England.  My  thought, 
therefore,  is  not  with  Utami,  but  with  Hitoti,  (though  not  because 
of  the  law  of  England,  but  because  the  Bible  orders  it,)  that  we 
ought  to  punish  with  death  every  one  found  guilty  of  murder.' 
There  was  a  lively  exchange  of  looks  all  through  the  assembly, 
as  if  each  had  been  struck  with  the  sentiments  of  the  speaker, 
especially  when  he  placed  the  ground  of  the  punishment  of  death, 
not  upon  English  precedent,  but  upon  Scripture  authority.  An- 
other chief  followed,  and,  '  rising,  seemed  a  pillar  of  state,'  one 
whose  aspect,  and  presence,  and  costume  (richly  native)  made  the 
spectators  forget  even  him  who  had  just  sat  down.  His  name  was 
Tati ;  and  oji  him  all  eyes  were  immediately  and  intensely  fixed, 
while,  with  not  less  simplicity  and  deference  to  others  than  those 
who  had  preceded  him,  he  spoke  thus :  '  Perhaps  some  of  you 
may  be  surprised  that  I,  who  am  the  first  chief  here,  and  next  to 
the  royal  family,  should  have  held  my  peace  so  long.  I  wished  to 
hear  what  my  brethren  would  say,  that  I  might  gather  what 
thoughts  had  grown  in  their  breasts  on  this  great  question.  I  am 
glad  I  waited,  because  some  thoughts  are  now  growing  in  my 
breast  which  I  did  not  bring  with  me.  The  chiefs  who  have 
spoken  before  me  have  spoken  well.  But  is  not  the  speech  of 
Upuparu  like  that  of  his  brother  Hitoti,  in  this  way?  If  we  can- 
not follow  the  laws  of  England,  in  all  things,  as  Hitoti's  thoughts 
would  perhaps  lead  us,  because  they  go  too  far, — must  we  not 
stop  short  of  Upuparu,  because  his  thoughts  go  too  far,  likewise? 
The  Bible,  he  says,  is  our  perfect  guide.  It  is.  But  what  does 
that  Scripture  mean?  "He  that  sheddeth  man's  blood,  by  man 
shall  his  blood  to  shed."  Does  not  this  go  so  far  that  we  cannot 
follow  it  to  the  end,  any  more  than  we  can  follow  the  laws  of 
England  all  the  way?  I  am  Tati;  I  am  a  judge;  a  man  is  con- 
victed before  me ;  he  has  shed  blood ;  I  order  him  to  be  put  to 
death  ;  I  shed  his  blood  ;  then  who  shall  shed  mine  ?  Here, 
because  I  cannot  go  so  far,  I  must  stop.  This  cannot  be  the 
meaning  of  these  words.  But,  perhaps,  since  many  of  the  laws 
of  the  Old  Testament  were  thrown  down  by  the  Lord  Jesus  Christ, 
and  only  some  kept  standing  upright, — perhaps,  I  say,  this  is  one 
of  those  which  were  thrown  down.      However,  as  1  am  ignorant, 


154  COVENANT  WITH  NOAH. 

some  one  else  will  show  me  that,  in  the  New  Testament,  oul 
Savior  or  his  apostles  have  said  the  same  thing  concerning  him 
that  sheddeth  man's  blood,  as  is  said  in  the  Old  Testament. 
Show  me  this  in  the  New  Testament,  and  then  it  must  be  our 
guide.' 

Much  cordial  approbation  was  evident  at  the  conclusion  of  Tati's 
speech,  and  its  evangelical  appeal  seemed  to  remove  some  difficulty 
and  doubt  respecting  the  true  scriptural  authority  applicable  to  the 
case. 

Next  rose  Pati,  a'  chief  and  judge  of  Eimeo,  formerly  a  high 
priest  of  Oro,  and  the  first  who,  at  the  hazard  of  his  life,  abjured 
idolatry.  '  My  breast,'  he  exclaimed,  '  is  full  of  thought  and  sur- 
prise and  delight.  When  I  look  round  at  this  ^are  bure  ra,  (house 
of  God,)  in  which  we  are  assembled,  and  consider  who  we  are  who 
take  sweet  counsel  together  here,  it  is  to  me  all  men  huu  e,  (a  thing 
of  amusement,)  and  mea  aafoaou  te  aau,  a  thing  that  makes  glad 
my  heart. 

'  Tati  has  settled  the  question  :  for  is  it  not  the  gospel  that  is  our 
guide  1  I  know  many  passages  which  forbid,  but  I  know  not  one 
which  commands,  to  kill.  But  then  another  thought  is  growing  in 
my  breast,  and  if  you  will  hearken  to  my  little  speech,  you  shall 
know  what  it  is.  Laws  to  punish  those  that  commit  crime  are 
good  for  us.  But  tell  me  why  do  Christians  punish?  Is  it  be- 
cause we  are  angry,  and  have  pleasure  in  giving  pain?  Is  it 
because  we  love  revenge,  as  we  did  when  we  were  heathens? 
None  of  these  :  Christians  do  not  love  revenge  ;  Christians  must 
not  be  angry  ;  they  cannot  have  pleasure  in  causing  pain — Chris- 
tians do  not,  therefore,  punish  for  these.  Is.it  not  that,  by  the 
suffering  which  is  inflicted,  we  may  prevent  the  criminal  from 
repeating  his  crime,  and  frighten  others  from  doing  as  he  has  done, 
to  deserve  the  like?  Well,  then,  does  not  everybody  know  it 
would  be  a  greater  punishment  to  banish  forever  from  Tahiti,  to  a 
desolate  island,  than  just  in  a  moment  to  be  put  to  death?  and 
could  the  banished  man  commit  murder  again  there?  and  would 
not  others  be  more  frightened  by  such  a  sentence  than  by  one  to 
take  away  his  life  ?  So  my  thought  is  that  Tati  is  right,  and  the 
law  had  best  remain  as  it  is  written.' 

One  of  the  taata  rii,  or  little  men,  a  commoner,  a  representative 
of  a  district,  now  {jresented  himself,  and  was  listened  to  with  aa 


COVENANT  WITH  NOAH.  155 

much  attention  as  had  been  given  to  the  lordly  personages  who 
preceded  him.  He  said,  'As  no  one  else  stands  up  I  will  make 
my  little  speech,  because  several  pleasant  thoughts  have  been 
growing  in  my  breast,  and  I  wish  you  to  hear  them.  Perhaps 
everjrthing  necessary  has  been  said  by  the  chiefs ;  yet,  as  we  are 
not  met  to  adopt  this  law  or  that  law,  because  one  great  man  or 
another  recommends  it,  but,  as  we,  the  taata  rii,  just  the  same  as 
chiefs,  are  to  throw  our  thoughts  together,  that  out  of  the  whole 
heap  the  meeting  may  make  those  to  stand  upright  which  are 
best,  whencesoever  they  come — this  is  my  thought.  All  that 
Pati  said  was  good  ;  but  he  did  not  mention  that  one  reason  for 
punishing,  (as  a  missionary  told  us,  when  he  was  reading  the  law 
to  us,  in  private,)  is  to  make  the  offender  good  again,  if  possible. 
Now  if  we  kill  a  murderer,  how  can  we  make  him  better?  But  if 
he  be  sent  to  a  desolate  island,  where  he  is  all  solitary,  and  com- 
pelled to  think  for  himself,  it  may  please  God  to  make  the  bad 
things  in  his  heart  to  die,  and  good  things  to  grow  there.  But  if 
we  kill  him,  where  will  his  soul  go  1  ' 


ESSAY    III. 

MOSAIC      CODE. 

Popular  appeals  to  the  Mosaic  Code — Imperfect  system — Wrong 
views — Its  divisions — The  Avenger — Cities  of  refuge — Visit  to 
the  cell  of  Leavitt,  the  murderer — Number  of  capital  offences — Sa- 
credness  of  life — Error  in  civilized  codes — Statute  of  Massachu- 
setts— Jewish  code  abolished — Moses  referred  to  a  higher  prophet — 
Sixth  commandment — Reasons  for  Jewish  code —  Voice  of  God — 
Objections. 

'All  other  things,  which  depend  upon  the  eternal  and  immutable 
laws  and  rights  of  nature,  remaining  inviolately  the  same  under  both 
covenants,  and  as  unchanged  as  nature  itself.'  Sooth. 

The  advocates  of  Capital  Punishment  have  invaria- 
bly appealed  to  the  code  of  Moses.  It  has  been  to 
them  a  'city  of  refuge.'  It  is  worthy  of  remark  that 
the  opposers  of  every  moral  improvement  have  gone  at 
once  to  the  types  and  shadows  of  the  old  dispensation. 
The  advocates  for  Slavery,  the  supporters  of  War,  and 
the  opposers  of  Temperance,  have  all  sought  rest  amid 
its  shadows  and  darkness;  and  whoever  has  even 
suggested  that  its  essential  features  have  passed  away, 
has  been  deemed  an  innovator  or  a  skeptic.  This  is 
unfair.  We  profess  as  high  a  veneration  for  this  por- 
tion of  the  sacred  volume  as  the  strongest  advocate  of 
that  form  of  punishment  which  it  is  the  object  of  the 
present  labor  to  prove  to  be  contrary  to  humanity. 
That  ancient  code  was  designed  for  a  particular  age, 
nnd  a  peculiar  condition  of  society.     When  the  advo- 


MOSAIC  CODE.  .167 

cates  of  blood  are  driven  from  every  other  covert,  they 
seek  rest  in  the  ancient  dispensation.  Here  is  a  last 
resort,  amid  the  types  and  shadows  of  a  system  which, 
under  other  circumstances,  they  admit  has  forever 
passed  away.  Driven  to  desperation,  they  grasp  the 
horns  of  the  altar.  But  '  they  fly  from  light  into  the 
sun ;  from  heat  into  the  devouring  fire ;  and  from  the 
voice  of  God  into  the  thickest  of  his  thunders.'  In 
every  age,  the  spiritual  and  political  despot  has  called 
upon  Moses,  till  the  general  reader  has  finally  sup- 
posed that  his  system  was  a  vast,  dreary  waste,  bar- 
ren as  the  very  wilderness  through  which  he  led 
Israel !  The  system  contained  many  benevolent  pro- 
visions.^ It  taught  a  moral  purity  that  even  the 
penal  code  of  civilization  does  not  always  include. 

It  is  not  to  be  considered  as  a  perfect  system ;  for, 
strictly  speaking,  there  is  no  system  of  moral  truth  in 
the  Bible.  Its  writers  knew  nothing  about  system. 
Guided,  as  we  believe  they  were,  by  a  superior  wis- 
dom, they  presented  truth  as  it  came,  leaving  future 
generations  to  such  an  arrangement  as  appeared  best. 
Great  injustice  has  been  done  to  this  part  of  the  sacred 
record.  On  the  one  hand,  it  has  been  said  that  it 
must  be  received  entire ;  on  the  other,  that  it  has  been 
wholly  repealed. 

The  whole  code  may  be  divided  into  the  moral,  the 
anmlnal,  and  the  ceremonial.  The  first,  embracing 
the  decalogue  given  upon  the  Mount.     The  second. 


*  .  .  .  '  The  stranger  and  the  fatherless  and  the  widow,  which 
are  within  thy  gates,  shall  come,  and  shall  eat  and  be  satisfied ;  that 
the  Lord  thy  God  may  bless  thee  in  all  the  work  of  thine  hand  which 
thou  doest.' — Deut.  xv.  29.  The  benevolence  of  the  Mosaic  Code  ex- 
tended even  to  beasts :  Exod.  xxiii.  5 ;  Deut.  xxv.  4 ;  Exod.  xx.  10 ; 
Lev.  xxv.  7. 

14 


158  MOSAIC  CODE. 

relating  to  the  penal  jurisprudence.  The  third,  rela- 
ting to  the  various  ceremonies  and  rites  connected 
with  its  religious  institutions.  Living  amid  the  light 
and  blessings  of  Christianity,  it  is  difficult  to  conceive 
of  the  bearings  of  this  code  upon  that  state  of  society 
for  which  it  was  designed.  The  means  for  the  re- 
pression of  crime  were  unknown.  Extirpation  seemed 
easier  than  emendation. 

In  this  ancient  code,  the  punishment  of  death  was 
not  a  cool,  deliberate  act  of  society.  The  executioner 
was  the  nearest  of  kin  to  the  one  who  was  slain.*= 
He  was  very  appropriately  called  '  The  Avenger  of 
Blood,'  Cities  of  refuge  were  provided  for  the  slayer. 
But  his  life  could  be  taken  if  found  before  he  reached 
these   places   of  security.      Even   the   altar   was   no 

*  We  find  the  same  law  existing  among  the  uncivilized  nations 
generally.  'Of  the  Arabs,  says  D'Arvieux,  ("Travels  in  Arabia 
Deserta,"  p.  145,)  "there  is  no  hatred  among  them  but  on  account  of 
blood,  and  that  is  irreconcilable.  For  example,  if  a  man  has  killed 
another,  the  friendship  between  their  families  and  all  their  posterity  is 

broken If  they  happen  to  be  in  some  common  interest, 

or  there  is  any  match  to  propose,  they  very  civilly  answer,  'You  know 
there  is  blood  between  us ;  it  can  never  be  done  ;  me  have  our  honor  to 
preserve.'  They  never  pardon  till  they  are  revenged."  "Les  Per- 
sans,"  says  Chardin,  ("Voyages  en  Perse,"  &c..  Tome  III.,  p.  417,) 
"  et  tous  les  autres  Mahometans,  se  conforment  la-dessus  absolument 
a  la  loi  Judaique,  remettant  a  la  fin  du  proces,  le  meurtrier  entre  les 
mains  des  plus  proches  parens  du  defunt."  Father  Lobo  testifies  to  the 
same  practice  in  Abyssinia  ("Voyage  to  Abyssinia,"  &c.,  p.  57.)  "If 
a  man  is  unlawfully  killed,"  says  the  Koran,  (Sura  xvii.  verse  35,) 
'•  we  give  to  his  nearest  relation  the  right  of  revenge."  But  the  notion 
is  by  no  means  to  be  called  Oriental. 

"  If  I  live  to  be  a  man, 

]\Iy  father's  death  revenged  shall  be," 

says  the  child  of  the  Border  Chief,  in  the  "  Lay  of  the  last  Minstrel ;" 
and  there  is  no  rule  more  rigidly  observed  among  our  North  American 
Indians.' 


MOSAIC  CODE.  159 

protection.  A  legal  investigation  then  took  place.  If 
guilty,  the  'avenger'  stood  ready  to  cut  down  his  vic- 
tim. If  innocent,  and  even  then  he  abandoned  the 
asylum  before  the  death  of  the  high  priest,  his  life  was 
insecure. 

But  where  are  our  cities  of  refuge  ?  The  murderer 
is  hunted  down  like  some  wild  beast ;  then  thrown  into 
a  cold,  damp,  dungeon,  perhaps  with  felons  far  more 
guilty,  there  to  await,  perchance,  a  whole  year  before 
his  guilt  or  innocence  is  known.*  Then,  if  guilty, 
he  is  brought  out  before  the  gaze  of  a  thoughtless 
multitude,  and  cruelly  put  to  death  !  But  we  cannot 
enlarge.  We  will  present  the  code  itself,  or  rather  its 
various  capital  offences.  It  is  remarkable  that  no 
writer  with  whom  we  have  met  has  performed  this 
labor.  We  feel  that  it  will  do  more  to  settle  the 
question  of  its  adoption  by  any  civilized  community 
than  all  other  considerations : 

NUMBER    OF   CAPITAL    OFFENCES    IN    THE   MOSAIC   CODE. 

Murder, 

Kidnapping,    ...... 

Eating  leavened  bread  during  the  Passover, 
Suffering  an  unruly  ox  to  be  at  liberty,  if  he  kill ; 
the  ox  also  to  be  stoned,  .         .         .         .       "      xxi.  29. 


*  Leavitt,  the  murderer,  was  confined  in  the  Pl)rmouth  jail,  Mass., 
nearly  a  year  before  his  trial.  A  philanthropist,  so  nearly  related  to 
the  writer  that  propriety  would  forbid  his  name,  visited  him  nine 
months  after  his  confinement  in  a  most  wretched  cell,  with  scarcely  a 
table  or  chair,  or  even  a  decent  bed.  '  How  many  have  been  to  see 
you  ? '  said  the  visitor  to  the  poor  prisoner.  '  No  one  has  entered  the 
cell  but  the  keeper.'  And  yet  we  are  Uving  in  a  community  who 
profess  to  be  followers  of  him  who  said,  '  I  was  in  prison,  and  ye  came 
unto  me.' 


Exod. 

xxi.  12, 

(( 

"     16, 

<( 

xii.  15, 

160 


MOSAIC  CODE. 


"   XXX.  33. 

"  xxxi.  14. 

"    xxi.  15. 

Lev.  XX.  13. 

"  vii.  20. 
"  vii.  25. 
"      vii.  27. 

"        XX. 

"     xix. 

"       XX. 
"        XX. 


Witchcrait, Exod.  xxii.  18. 

Beastiality,  the  beast  put  to  death,        .        .  .      "   xxii.  19 

Idolatry, "   xxii.  20. 

Oppression  of  Widow  and  Fatherless,    .         .  .      "   xxii.  22. 

Compounding  holy  ointment,  or  putting  it  on  any 
stranger,       ....... 

Violation  of  the  Sabbath,        .... 

Smiting  of  father  or  mother,       .... 

Sodomy,      .  ...... 

Eating  the  flesh  of  the  sacrifice  of  peace  offer- 
ings with  uncleanness,  .... 

Eating  the  fat  of  offered  beasts,     . 

Eating  any  manner  of  blood,      .... 

Offering  children  to  Moloch, 

Eating  a  sacrifice  of  peace-offering,    . 

Screening  the  idolater,  .... 

Going  after  familiar  spirits  and  wizards,      .         , 

Adultery,  [both  parties,  if  female  married,  and 

not  a  bond-maid,] "      xx.  10. 

Incest,  [three  kinds,] "      xx.  11. 

Cursing  of  parents,  "      xx.    9. 

Unchastity  in  a  priest's  daughter,  .         .         .      "    xxi.    9. 

Blasphemy, "  xxiv.  16. 

Stranger  coming  nigh  the  tabernacle,      .         .         .    Numb.  i.  51. 

Coming  nigh  the  priest's  office,  .         .         .  "      iii.  10. 

Usurping  the  sacerdotal  functions,  .         .         .       "      iv.  20. 

Forbearing  to  keep  passover,  if  not  journeying,  .  "      ix, 

Presumption,  or  despising  the  word  of  the  Lord,      .       "     xv, 

Uncleanness,  or  defiling  the  sanctuary  of  the  Lord,         "    xix.  13. 

False  pretension  to  the  character  of  a  divine  mes- 
senger,       .......         Dent.  xiii.    5. 

Opposition   to   the  decree  of  the   highest  judicial 

authority,  ......  "    xvii.  12. 

Unchastity  before   marriage,   when   charged  by  a 

husband,  ......."    xxii.  13. 


13. 
30. 


MODES    OF    PUNISHMENT    FOR    CAPITAL    OFFENCES. 


Sword, 
Stoning, 


Exod.  xxii.  24. 
Lev.  XX.    2. 


MOSAIC  CODE.  161 

POSTHUMOUS   INSULTS. 

Burning  of  the  body,         .        .  Lev.  xx.  14  ;  Josh.  vii.  13. 

Hanging  of  the  body, Deut.  xxi.  22. 

Heaping  of  stones  over  the  body  or  place  of  burial.     Josh.  vii.  25. 

MODES  INTRODUCED  FROM  OTHER  NATIONS. 

Decapitation, 2  Sam.  iv.    7. 

Sawing  asunder, Heb.  xi.  37. 

Strangulation. 
Crucifixion.* 

What  a  dark  catalogue !  How  minute  in  its  delin- 
eation of  oifences  !  Every  avenue  of  passion  seems  to 
have  been  guarded  by  a  severe  penalty.  We  ask  its 
advocates  if  they  are  willing  to  take  it  entire  for  a 
guide  to  morals?  Or  will  they  contend  that  a  part 
only  is  binding  at  the  present  day  ?  If  so,  what  part  1 
Shall  'he  that  smiteth  father  or  mother  be  put  to 
death?'  Shall  this  penalty  be  inflicted  on  'the  man 
that  gathers  sticks  upon  the  Sabbath  day  ? '  Shall  it 
be  inflicted  on  him  who  *  stealeth  a  man  and  selleth 
him?'  Or  on  him  '  who  afflicts  any  widow  or  father- 
less child  ? '  Alas !  if  we  were  tried  by  this  standard, 
imperfect  as  it  was,  we  should  find  we  were  weighed 
in  the  balance  and  found  wanting ! 

There  is  one  feature  in  this  code  that  demands  our 
particular  attention.  It  is  the  sacredness  attached  to 
man.  There  was  a  mingling  of  mercy  and  judgment. 
We  refer  to  that  portion^which  says,  '  He  that  stealeth 
a  man,  and  selleth  him,  or  if  he  be  found  in  his  hand, 

*  See  Introduction  to  the  Holy  Scriptures.  By  T.  H.  Horne.  Vol. 
iii.,  Part  II.,  ch.  III.,  sect.  iii.  and  iv.  Michaelis's  Commentaries, 
vol.  ii.,  pp.  365 — 367 ;  vol.  iv.,  pp.  1 — 312.  Jahn's  Biblical  Archae- 
ology, §  252,  et  seq.  Academical  Lectures  on  the  Jewish  Scriptures, 
vol.  i.    By  John  G.  Palfrey,  D.  P. 

14* 


162  MOSAIC  CODE. 

he  shall  surely  be  put  to  death.'  It  is  a  very  singular 
fact,  that  while  man-stealing,  man-holding,  or  man- 
selling,  was  punished  capitally,  that  highway  robbery 
was  punished  by  requiring  restitution.*^  The  great 
truth  here  presented  is,  that  man  was  of  more  conse- 
quence than  property.  We  might  do  well  to  learn  a 
lesson  from  this  singular  feature.  It  will  be  found 
that  the  great  error  in  nearly  all  civilized  society  is, 
that  property  is  more  carefully  guarded  than  life.f 
'  In  matters  of  'property^  says  a  writer  in  the  London 
Morning  Herald,  '  one  court  of  appeal  may  be  resorted 
to  after  another ;  but  where  human  life  is  concerned, 
our  system  of  criminal  jurisprudence  allows  of  no 
apj>eal  whatever.  It  is  true,'  he  adds,  '  that  the  judge 
may  stay  the  execution  if  he  thinks  there  is  sufficient 
ground ;  but  it  rests  entirely  within  his  own  breast 
whether  he  will  exercise  that  discretionary  power  or 
not.|     This   idea  is  very  clearly  presented  by  Mr. 

*  '  If  a  man  shall  steal  an  ox,  or  a  sheep,  and  kill  it,  or  sell  it,  he 
shall  restore  five  oxen  for  an  ox,  and  four  sheep  for  a  sheep.  If  a 
thief  be  found  breaking  up,  and  be  smitten  that  he  die,  there  shall  no 
blood  be  shed  for  him.  If  the  sun  be  risen  upon  him,  there  shall  be 
blood  shed  for  him ;  for  he  should  make  full  restitution ;  if  he  have 
nothing,  then  he  shall  be  sold  for  his  theft.'  Exod.  xxii.  1 — 3.  Of 
course,  where  man  was  stolen,  there  could  be  no  restoring  of  four 
fold! 

■f  Our  code  reminds  us  of  an  anecdote  found  in  connection  with  the 
liistory  of  the  game  laws  :  '  There  was  a  time,  we  are  told,  when,  by 
the  law  of  England,  the  killing  of  a  man  was  permitted  to  be  expiated 
by  the  payment  of  a  fine,  while  the  killing  of  a  wild  boar,  by  one  not 
qualified  to  hunt,  was  punishable  with  death.  It  happened  then,  so 
the  anecdote  has  come  do-vxTi  to  us,  that  a  man,  charged  with  killing  a 
wild  boar,  and  put  on  trial  for  his  life,  plead  in  his  defence  that  he  did 
it  by  mistake,  for  that  he  really  thought  the  beast  was  only  a  man ! ' 

X  See  O'Connell's  speech  before  the  London  Society  for  the  Diffu- 


MOSAIC  CODE.  163 

Rantoul.  '  It  is  somewhat  remarkable  that  oflfences,  not 
againsi  properly,  but  which  endanger  hfe  more  directly 
and  imminently,  as  well  as  offences  more  heinous  and 
cruel  against  the  person,  the  liberty,  the  honor,  and  not 
the  purse  of  the  injured  party,  are  guarded  against  by 
punishments  slight  in  comparison.  Who  steals  the 
purse  steals  trash,  but  if  he  steals  it  openly,  and  so 
armed  as  to  prevent  or  repel  resistance,  he  must  die  for 
it ;  while  whoso  stealeth  a  man  and  selleth  him,  though 
armed  in  the  same  manner,  with  the  same  intent  to 
kill  if  resisted,  is  to  be  punished  by  fine  not  exceed- 
ing one  thousand  dollars,  or  imprisonment  in  the  State 
Prison  not  more  than  ten  years,  or  in  the  county  jail 
not  more  than  two  years.*  So  that  if  the  robber  has 
taken  from  a  man  of  wealth  the  smallest  coin  that 
passes  from  hand  to  hand,  being  driven  by  the  pres- 
sure of  extreme  want,  or  in  the  insane  fury  of  intoxi- 
cation, the  judge,  with  these  extenuating  circum- 
stances before  him,  must  pass  sentence  of  death,  for 
here  nothing  is  left  to, his  discretion;  while,  if  the 
same  robber,  armed  with  the  same  weapons,  with 
deliberate  malice  aforethought,  too  cruel  to  be  satisfied 
with  the  murder  of  its  victim,  should  seize  the  same 
man  of  wealth,  bind  him  hand  and  foot,  and  cause  him 
to  be  transported  to  the  coast  of  Barbary,  and  there 
sold  as  a  slave  to  the  Moors,  the  judge  would  be  left 
at  his  discretion,  to  inflict  a  nominal  fine  upon  the 
offender,  or  to  sentence  him  to  the  county  jail  for 
twenty-four  hou^s,  if  he  see  fit.'     The  same  author 

sion  of  Information  on  the  su]|jWRl  of  Capital  Punishment.  He  has 
there  touched  this  point  with  a  masterly  hand.  Page  120  of  the 
present  work. 

*  Revised  Statutes  of  Massachusetts,  Chap.  125,  sect.  20. 


164  MOSAIC  CODE. 

gives  an  illustration  in  showing  the  diiference  between 
highway  robbery  an<i  manslaughter.  '  Suppose  a  des- 
perate man,  just  ruined  at  a  gaming  table,  meets  one 
who  enrages  him  by  bitter  reproaches,  and  then,  pro- 
voked by  an  angry  answer,  strikes  him.  If,  in  his 
fury,  he  should  seize  this  man,  snatch  from  him  his 
pocket-book,  and  fly,  having  about  him  a  dagger 
which  he  does  not  use,  but  only  threatens  to  draw ; 
this  is  highway  robbery,  punishable  with  death.  If 
he  had  drawn  his  dagger  and  stabbed  him  to  the 
heart,  this  would  have  been  only  manslaughter,  and 
the  punishment  made  as  light  as  the  court  see  fit  to 
make  it.  The  law,  therefore,  counsels  an  angry  man 
to  wreak  his  revenge  upon  life  and  not  upon  property, 
which,  in  such  cases,  it  holds  more  sacred.'  Indeed, 
he  even  goes  farther,  and  shows  that  the  law  has  not 
only  guarded  the  purse  with  more  jealousy  than  life, 
but  even  that  which  is  dearer  than  life ;  '  for,  by  chap- 
ter 125,  section  19,  of  the  Revised  Statutes,  an  assault 
upon  a  woman  with  intent  to  violate  her  honor,  which 
may  be  committed  with  intent  to  kill  if  resisted,  or 
even  if  not  resisted,  is  punished  by  imprisonment, 
at   the   discretion  of  the  court,   or   by  fine.' 

There  was  a  very  severe  moral  purity  in  the  Jew- 
ish law,  which  civilization  would  hardly  dare  or 
wish  to  imitate.* 


*  '  And  the  man  that  commilteth  adultery  with  another  man's  ■wife, 
even  he  that  committeth  adultery  with  his  neighbor's  wife,  the  adul- 
terer and  the  adulteress  shall  surely  be  put  to  death.'     Lev.  xx.  10. 

The  following  was  the  law  of  the  old  Plymouth  Colony.  "We  give 
it  to  show  the  views  of  our  forefathers  on  the  subject  of  Adultery : 
'It  is  enacted  by  the  Court  and  the  Authoritie  thereof,  that  whoso- 
ever shall  commit  Adultery  shalbee  severely  punished  by  whipping 
two  several  times;   viz.,  one  whiles  the  Court  is  in  being  att  which 


MOSAIC  CODE.  165 

Dim  as  the  light  was  that  guided  Israel  through 
the  pathless  desert,  we  find  there  was  a  great  moral 
purity,  and  a  peculiar  sacredness  attached  to  life.  It 
was  not  to  be  stolen  or  taken  away  by  violence,  except 
by  permission  from  its  Great  Author.  And  why  this 
sanctity  1  Why,  in  that  ancient  code,  were  life  and 
liberty  more  strictly  guarded  than  the  purse?  Be- 
cause, to  steal  a  man  and  sell  him,  is  one  of  the 
highest  offences  that  can  be  committed  against  a 
fellow-man.  It  includes  within  itself  every  other  out- 
rage that  human  power  can  perpetrate.  To  employ 
the  language  of  another,  '  It  is  Ihe  reduction  of  persons 
to  things;  not  robbing  a  man  of  privileges,  but  of 
himself ;  not  loading  with  burdens,  but  making  him 
a  beast  of  burden;  not  restraming  liberty,  but  sub- 
verting it ;  not  curtailing  rights,  but  abolishing  them ; 
not  inflicting  personal  cruelty,  but  annihilating  per- 
sonality ;  not  exacting  involuntary  labor,  but  sinking 
him  into  an  implement  of  labor ;  not  abridging  human 
comforts,  but  abrogating  human  nature ;  not  depriving 
an  animal  of  immunities,  but  despoiling  a  rational 
being  of  attributes — uncreating  a  man,  to  make  room 
for  a  thing  !^  What  a  fearful  responsibility  rests  on 
those  who  not  only  deprive  men  of  their  rights,  but 
\vho  deprive  man  of  himself,  =*   and  sell  him  to  the 


they  are  conijicted  of  the  fact,  and  the  2<=o'"i  time  as  the  Court  shall 
order;  and  likewise  to  wear  two  Capitall  letters,  viz.  A  D.,  cut  out  iu 
cloth  and  sowed  on  theire  uper  most  Garments  on  theire  arme  or 
backe  ;  and  if  att  any  time  they  shalbee  taken  without  the  said  letters 
whiles  they  are  in  the  Gov'ment,  soe  worn,  to  be  forthwith  taken 
and  publicly  whipt.' — Plymouth  Colony  Laws,  jjublished  agreeably  to  a 
Resolve,  April  5,  1836,  p.  113. 

*  The  author  finds  other  subjects  constantly  presenting  their  claims. 
He  determined,  from  the  outset,  in  this  work,  to  confine  himself  to  the 


166  MOSAIC  CODE. 

highest  bidder!  How  Httle  realized  in  this  age  of 
speculation  !  What  is  man  to  him  who  is  engulphed 
in  trade?  A  mere  machine  to  increase  his  wealth. 
What  usurpations  of  power  do  we  see  in  what  is 
called  a  high  state  of  civilization  !  The  law  and  the 
altar  claim  their  victims.  What  excesses  of  passion  ! 
And  what  a  weapon  does  the  law  of  blood  put  into 
the  hands  of  the  political  and  the  spiritual  despot! 
But  the  essential  features  of  the  Jewish  code  have 
passed  away.  The  penal  and  the  ceremonial  part  is 
no  longer  binding.  It  was  '  a  schoolmaster,'  teaching 
men,  in  an  imperfect  condition  of  society,  the  first 
rudiments  of  moral  and  religious  truth ;  teaching  them, 
through  the  medium  of  types  and  prophecies,  to  look 
to  'One  who  would  tell  them  all  things.'  It  was  a 
system  of  preparation,  to  lead  them  on  to  a  higher 
state  of  moral  truth.=* 


subject  of  the  Punishment  of  Death,  and  the  Sacredness  of  Human 
Life.  He  found,  however,  on  examination,  the  remarkable  feature 
in  the  Jewish  code,  of  the  punishment  of  death  of  him  who  stole  a 
human  being,  and  restitution  or  the  seUing  of  him  who  took  property. 
At  some  future  day,  the  author  may,  if  heahh  be  spared,  enlarge 
more  fully  on  other  moral  topics  that  agitate  the  community.  At 
present,  he  feels  that  the  poor,  condemned  prisoner  has  peculiar  claims 
upon  his  sympathy.  He  trusts  that,  as  he  journeys  on,  visiting  the 
cold,  loathsome  dungeon,  he  may  carry  words  of  consolation,  and  be 
governed  by  the  mild  and  gentle  spirit  of  Him  who  '  came  to  open  the 
prison  to  them  that  are  bound.'  ' 

*  '  To  say  that  no  part  of  the  Jewish  law  is  binding  upon  Christians, 
is  very  far  from  leaving  them  at  liberty  to  disregard  all  moral  duties. 
For,  in  fact,  the  very  definition  of  a  moral  duty,  implies  its  universal 
obligation,  independent  of  all  enactment.  The  precepts  respecting  sacri- 
fices, for  instance,  and  other  ceremonial  observances,  are  all  positive 
ordinances;  meaning  that  the  things  in  question  become  duties  because 
they  were  commanded:  the  commandment  to  love  one's  neighbor  as 
one's  self,  on  the  contrary,  we  call  a  moral  precept,  on  the  very  ground 


MOSAIC  CODE.  167 

Whatever  is  immutably  right,  in  that  ancient  dis- 
pensation, will  stand  forever ;  not  because  we  find  it 
there,  but  because  truth,  like  its  great  Author,  is 
imperishable.  Whatever  was  based  upon  the  peculiar 
situation  of  Israel,  has  passed  away.  Its  rites  and 
ceremonies  are  lost  in  the  more  perfect  system  of 
Christianity.  They  were  addressed  to  the  outward 
senses,  and  were  designed  to  lead  the  mind  to  Him 
who  is  a  spirit.  Its  priesthood  has  ceased  with  the 
more  perfect  priesthood  of  Jesus.  In  Him  '  we  behold,' 
says  a  beautiful  writer,  '  the  Law  and  the  Prophets 
standing  at  the  foot  of  the  cross,  and  doing  homage. 
You  behold  Moses  and  Aaron  bearing  the  ark  of  the 
covenant ;  David  and  Elijah  presenting  the  oracle  of 
testimony.  You  behold  all  the  priests  and  sacrifices, 
all  the  rites  and  ordinances,  all  the  types  and  symbols, 
assembled  together  to  receive  their  confirmation.'* 
He  who  received  the  law  upon  the  Mount  bid  the  peo- 
ple look  to  a  higher  and  more  perfect  dispensation. 
'The  Lord  thy  God  will  raise  up  unto  thee  a  Prophet 
from  the  midst  of  thee,  of  thy  brethren  like  unto  me ; 
unto  him  shall  ye  hearken.'  When  that  Prophet 
came,  he  abolished  the  penal  and  ceremonial  part  of 
the  old  dispensation,  and  summed  up  the  whole  deca- 
logue in  two  simple  precepts :  '  Thou  shalt  love  the 
Lord  thy  God  with  all  thy  heart,  and  with  all  thy 
soul,  and  with  all  thy  mind Thou  shall  love 

that  it  was  a  thing  commanded  because  it  was  right.  And  it  is  evident 
that  what  was  right  or  wrong  in  itself  before  the  law  existed,  must 
remain  such  after  it  is  abrogated.' — Archbishop  Whately. 

*  For  an  extended  comparison  between  the  Levitical  priesthood 
and  that  of  Christ,  see  a  work  published  and  sold  by  the  Author,  enti- 
tled, '  Names  and  Titles  of  the  Lord  Jesus  Christ,'  p.  167.  Fifteenth 
edition.     Boston,  1843. 


168  MOSAIC  CODE. 

thy  neighbor  as  thyself.'  Having  thus  condensed  or 
simpUfied  the  moral  part  of  the  ancient  code,  he 
declared,  '  On  these  two  commandments  hang  all  the 
law  and  the  prophets.' 

Let  it  be  remembered,  however,  that  there  was  in 
that  code  a  great  command,  '  Thou  shalt  not  kill.' 
This  is  the  sixth  commandment.  It  is  addressed  to 
all  men;  to  sovereigns  as  well  as  subjects.  Thou 
shalt  not  commit  homicide.  Such  is  the  strict  trans- 
lation :  the  Hebrew  verb  signifying  strictly  to  commit 
homicide ;  not  always  homicide  with  malice,  which  is 
the  mere  interpretation  of  our  English  word  murder, 
nor  the  mere  act  of  killing,  which  may  be  applied  to 
the  destruction  of  animals  as  well  as  man.  Homicide, 
then,  is  forbidden  without  any  qualification.  We 
might  as  well  talk  of  qualifying  or  repealing  the  first 
or  second,  third,  fourth  or  fifth,  in  short,  the  whole 
decalogue,  as  this  commandment.  He  who  breaks 
this  law  will  be  held  accountable.  Life  is  sacred, 
inviolable.  It  is  not  to  be  taken  even  by  the  indi- 
vidual himself,  nor  by  any  earthly  power.  This  law 
stands  as  the  great  pillar  of  the  moral  universe.  It 
came  from  Him  who  is  the  author  of  every  moral 
being.  He  permitted  the  penalty  of  '  life  for  life'  to  be 
incorporated  with  this  code  on  account  of  the  peculiar 
condition  and  character  of  his  ancient  people,  or,  as 
Jesus  said,  '  on  account  of  the  hardness  of  their  hearts.' 
If  we  go  to  the  days  of  the  prophets,  we  find  the  Deity 
himself  saying,  '  Wherefore  I  gave  them  also  statutes 
that  ivere  not  good,  and  judgments  iclierehy  they  should 
not  I'lve^  '  He  saw,'  says  an  amiable  writer,  '  that 
they  were  so  little  advanced  in  the  knowledge  and 
practical  application  of  the  principles  of  government, 
and.  at  the  same  time,  by  reason  of  the  hardness  of 


MOSAIC  CODE.  169 

their  hearts,  were  so  wholly  given  up  to  suspicion, 
violence,  and  discord,  as  to  render  the  permission  of 
the  belligerent  principle  of  an  eye  for  an  eye,  tooth  for 
a  tooth,  life  for  life,  in  some  degree  necessary  under 
the  circumstances  actually  existing.  It  was  on  ac- 
count of  their  sin  that  he  permitted  them  to  put  each 
other  to  death,  in  the  same  way  as  it  was  on  account 
of  their  sin  that  he  permitted  them  to  practise  poly- 
gamy, and  to  give  the  writing  of  divorcement.  Or 
another  scriptural  illustration  of  the  course  of  the 
divine  proceeding  in  this  matter  may  perhaps  be 
equally  to  the  purpose,  to  be  found  in  the  hundred  and 
sixth  Psalm.  "They  soon  forgat  his  works;  they 
waited  not  for  his  counsel ;  but  lusted  exceedingly  in 
the  wilderness,  and  tempted  God  in  the  desert.  And 
he  gave  them  their  request^  but  sent  leanness  into  their 
souV ' 

Such  were  the  reasons  for  the  ancient  code.  The 
command,  'Thou  shalt  not  kill,'  is  solemnly  re- 
enacted  by  the  Great  Teacher  in  the  later  and  more 
perfect  revelation.  It  is  there  found  without  any  sus- 
pension or  modification.  The  voice  of  God  is  speak- 
ing through  his  '  beloved  Son,'  to  the  nations  of  the 
earth.  It  comes  not  in  the  whirlwind,  nor  in  the  fire  ; 
but  in  the  gentle  accents  of  love.  He  speaks  as  a 
father  to  his  erring  children,  and  says,  '  Thou  shalt 
NOT  kill.'  Amid  the  noise  and  confusion  of  battle, 
that  Voice  has  been  disregarded.  How  great  the 
responsibility  of  him  who  turns  a  deaf  ear !  This 
Voice  not  only  speaks  in  Revelation,  but  also  from  the 
depths  of  the  human  soul.  That  Voice  speaks  to  every 
government  and  to  every  individual,  teaching  the 
great  truth  that  life  is  sacred ;  that  it  is  not  to  be 
15 


170  MOSAIC  CODE. 

r 

touched  by  the  hand  of  man  or  angel  without  per- 
mission of  Him  who  gave  it  existence. 

We  are  aware  that  some  may  object  to  the  views 
we  have  advanced.  It  will  be  said  there  was  a  con- 
dition of  society  in  which  the  Deity  himself  per- 
mitted the  penalty  of  death.  Therefore  it  may  be 
proper  now,  or,  if  not  now,  at  some  future  day. 
Since  the  announcement  of  the  Law,  Heaven  has 
.  given  us  a  more  perfect  Revelation.  And,  in  the  very 
opening  of  that  Revelation,  the  law  of  retaliation  is 
forever  abrogated.  The  law  of  love  is  the  only  law 
by  which  we  are  now  to  be  governed.  Ages  may 
pass  away  before  Christianity  shall  reign  upon  our 
earth.  That  it  will  eventually  '  reconcile  all  things,' 
we  have  no  more  doubt  than  of  the  existence  of  the 
system  itself.  Mr.  Rantoul  has  met  this  objection  so 
admirably  that  we  prefer  to  give  an  answer  in  his 
own  words :  '  But,  because  a  peculiar  people,  under 
the  most  peculiar  circumstances,  by  as  express  an 
interposition  of  Heaven,  as  that  which  directed  Abra- 
ham to  offer  up  Isaac,  were  commanded  to  punish 
certain  crimes  with  death,  shall  we,  a  polished  and 
humane  people,  whose  moral  sensibility  is  deeply 
wounded  by  the  spectacle,  under  circumstances  essen- 
tially opposite  to  theirs,  without  warrant,  violate  the 
great  command,  which  says  to  the  legislator  as  well 
as  to  the  subject,  thou  shalt  not  kill?  This  is  the 
command  botli  of  nature  and  revelation ;  it  grows  out 
of  no  local  or  temporary  occasion,  but  is  eternal  and 
universal  in  the  obligation  it  imposes.  How,  then, 
dare  any  man  disobey  it;  and  how  is  it  an  excuse  for 
our  disobedience,  that  the  man  we  kill  has  broken  this 
law  before  we  break  it,  and  that  we  have  taken  into  our 
own  hands  to  exercise  upon  him  that  vengeance  which 


MOSAIC  CODE.  171 

the  Almighty  has  declared  belongs  to  himself,  because 
He,  in  his  inscrutable  purposes,  some  thousands  of 
years  ago,  specially  authorized  a  particular  people,  in 
specified  cases,  to  be  the  executors  of  his  vengeance  1 
We  have  no  message  from  Heaven,  as  they  had, 
exempting  from  this  law  the  four  cases  which  our 
statutes  exempt.'  It  should  ever  be  borne  in  mind 
that  our  circumstances  are  entirely  different  from  that 
of  Israel.  We  are  not  a  wandering  tribe,  just  out  of 
Egypt,  passing  through  a  wilderness  !  Our  manners, 
our  customs,  oijr  religion,  are  all  difierent.  Indeed, 
it  would  require  a  long  labor  to  point  out  the  pecu- 
liarities of  the  two  conditions  of  society  to  which  we 
have  alluded.  Yet  there  are  many  who  really  con- 
tend that  the  code  given  to  Israel  in  their  wander- 
ings three  thousand  years  ago,  would  answer  for  the 
present  condition  of  society  !  It  is  forgotten  that  they 
had  just  escaped  from  the  house  of  bondage,  where 
they  had  been  held  in  the  most  abject  slavery.  We 
cannot  now,  perhaps,  tell  precisely  what  was  that 
condition.  One  writer  says,  '  that  it  probably  ex- 
ceeded any  of  the  present  hordes  of  savages  in  the 
wilds  of  iVfrica  or  Tartary,  in  slavish  ignorance,  sor- 
did vices,  loathsome  diseases,  and  brutal  lusts !'  It 
betrays,  then,  a  gross  ignorance,  to  contend  that  the 
code  of  this  ancient  people  may  be  applied  to  the 
present  condition  of  society,  especially  when  we  call 
to  mind  that  Moses  himself  bid  us  look  to  a  higher 
Prophet. 

It  will  be  said  that  the  Deity  violated  his  own  law ; 
that  He  said  to  Israel,  '  Thoii  shall  not  kill,''  and  yet 
incorporated  the  life-taking  principle  in  the  very  same 
code.    The  following,  from  one  who  has  thought  very 


172  MOSAIC  CODE. 

deeply  on  this  subject,  meets  this  objection  in  a  very  able 
manner :  '  Without  discussing  the  question,  whether 
God  could  really  suspend,  or  positively  command,  the 
violation  of  any  of  the  moral  precepts  embodied  in  the 
decalogue,  either  for  the  purpose  of  benefitting  or  pun- 
ishing any  of  the  creatures  whom  he  has  made,  we 
meet  the  objection  by  saying  that,  whatever  may  have 
been  the  excellences  or  defects  of  the  Mosaic  code  or 
dispensation,  it  prophesied  of  a  time  when  it  would  be 
superseded  by  a  higher  and  holier  covenant;  and, 
having  now  vanished  away,  it  is  no  longer  to  be  put 
on  an  equality  with  the  new  one,  or  to  be  referred  to 
as  of  binding  authority.  Whatever  was  morally  good 
in  it,  or  in  accordance  with  the  moral  nature  of  man, 
is,  of  course,  embodied  in  the  new  covenant,  and  car- 
ried to  perfection.  Now  let  the  objector  point  out 
where,  in  the  latter,  permission  is  given  to  take  away 
human  life,  in  any  case,  or  for  any  object  whatever. 
To  whom  shall  we  go  but  to  Christ  1  What  were  his 
teachings  on  the  subject  of  violence,  and  in  regard  to 
the  punishment  of  enemies  ?*=  What  did  he  say  about 
taking  the  sword  7  What  about  coming  to  save  men's 
lives  7  What  in  regard  to  his  ability  to  defend  him- 
self ?  How  did  he  feel  towards  those  who  crucified 
him  between  two  thieves  7  They  who  appeal  to  the 
old  covenant  are  bound  to  give  heed  to  the  voice  of 
the  new.  They  who  bid  us  think  highly  of  Moses, 
must  concede  that  far  greater  reverence  is  due  to 
Christ.'! 

But  let  us  turn  from  Moses,  and  from  every  other 
prophet,  to  Him  who  'came  from  the  bosom  of  the 

*  See  Sermon  on  the  Mount.  f  See  Hebrews  iii.  1 — 7. 


MOSAIC  CODE.  173 

Father,'  the  Light  of  the  world,  the  Physician  who 
came  to  remove  the  moral  maladies  of  the  human 
soul ;  the  Morning  Star  who  came  to  usher  in  a  day 
of  quietness  and  repose ;  the  Good  Shepherd  who  is 
to  hring  home  the  last  wanderer  to  the  fold  of  God. 
15* 


ESSAY    IV. 

TEACHINGS    OF    CHRIST. 

Sermon  on  the  Mount — Law  of  retaliation — Present  law — Story  of 
an  executioner — The  adulteress — Law  of  Moses — Feelings  to  be 
entertained  toivards  the  criminal — Anecdote — Request  to  call  fire 
from  heaven — Peter^s  request — Forgiveness — Moses  and  Christ 
— Objection — Sentence  of  Christ — His  precepts — Objection  of 
Hudson — Reply — Duty  of  the  church — Objection — New  cove- 
nant—  The  crucifixion — Eulogium  upon  Howard — Prayer-meet- 
ing in  a  murderer^s  cell — Death  of  Christ. 

For  the  Son  of  man  is  not  come  to  destroy  men's  lives,  but  to  save 
them.  Jesus  Christ. 

After  wandering  among  the  types  and  shadows  of 
the  Mosaic  dispensation,  it  is  refreshing  to  come  to 
that  more  excellent  ministry;  to  him  who  is  the 
Mediator  of  a  better  covenant.  We  feel  as  though  we 
had  crossed  the  desert,  and  were  about  entering  Ca- 
naan. As  we  approach,  we  hear  the  song,  not  of 
Moses  and  his  host,  but  of  angels  uttering,  in  strains 
unheard  before,  Peace  on  earth,  good  will  to  men. 
We  place  our  feet  on  the  plain  of  Bethlehem,  beside 
the  cradle  of  the  great  Christian  Legislator,  with  an 
illuminated  sky  above  us.  Here  are  no  gibbets,  no 
ruthless  desolations,  but  all  is  lovely  and  refreshing. 
We  stand  upon  the  Rock  Christ  Jesus,  looking  back 
to  '  the  first  covenant,'  with  its  •  ordinances  of  divine 
service,  and  a  worldly  sanctuary;'  and  forward  to 
that  '  new  and  living  way,  which  he  hath  consecrated 
for  us  through  the  vail.'     '  Let  us  draw  near  with  a 


TEACHINGS  OP  CHRIST.  176 

true  heart,  in  full  assurance  of  faith,  having  our  hearts 
sprinkled  from  an  evil  conscience,  and  our  bodies 
washed  with  pure  water.' 

As  the  great  Mediator  enters  upon  his  work,  what  a 
flood  of  light  and  consolation  does  he  pour  upon  the 
soul !  He  looks  back  on  Moses  and  all  the  prophets. 
He  shows  that  they  pointed  to  him  as  the  true  Mes- 
siah. He  collects  their  scattered  rays,  like  the  light  of 
ten  thousand  suns,  into  one  focus !  And  while  he 
speaks,  the  multitudes  hang  upon  his  lips,  '  wondering 
at  the  gracious  words  that  proceeded  from  his  mouth.' 
He  began  by  revealing  God  as  a  Father,  and  as  a 
being  requiring  spiritual  worship.  And  when  God 
was  thus  brought  before  the  mind,  every  idolatrous 
temple  on  earth  shook  to  its  very  centre.  It  was  like 
the  sun  appearing  in  the  midst  of  storms  and  tempests, 
gilding  and  beautifying  every  object.  A  flood  of  light 
and  joy  poured  upon  the  world.  Man  claimed  kin- 
dred with  the  skies.  His  soul  leaped  for  joy.  He 
looked  to  Heaven,  and,  for  the  first  time,  he  felt  that 
he  could  say  to  the  Creator  of  worlds.  My  Father  ! 
What  a  kindling,  mighty  thought !  A  richer  truth, 
God  could  not  have  conferred  qfi  man.  Let  us  hear 
his  first  sermon :  '  Blessed  are  the  poor  in  spirit :  for 
theirs  is  the  kingdom  of  heaven.  Blessed  are  the 
meek. :  for  they  shall  inherit  the  earth.  Blessed  are 
the  merciful :  for  they  shall  obtain  mercy.  Blessed 
are  the  peace-makers :  for  they  shall  be  called  the 
children  of  God.  Love  your  enemies,  bless  them  that 
curse  you,  do  good  to  them  that  hate  you,  and  pray 
for  them  which  despitefully  use  you  and  persecute 
you.'*  What  a  sermon  !  Like  dew  upon  the  tender 
plant ;  like  broad  rivers  in  a  desert ;  like  the  bright 

*  Matt.  V.  3,  5,  7,  9,  44. 


176  TEACHINGS  OF  CHRIST. 

morning  star  ushering  in  a  day  of  righteousness  and 
peace.  The  very  wilderness  budded ;  the  desert  re- 
joiced and  blossomed  as  the  rose.  From  that  hour  to 
the  present,  the  blessed  influences  of  this  sermon  have 
been  felt  by  the  wise  and  the  good.  It  has  been  to 
the  world  'like  rain  upon  the  mown  grass,  and  as 
showers  that  water  the  earth.'* 

Had  Jesus  been  governed  by  human  wisdom,  he 
would  have  pronounced  blessings  upon  the  proud, 
the  rich  and  the  popular.  His  first  labor  was  to  abro- 
gate forever  the  law  of  retaliation.  '  It  hath  been 
said,  thou  shalt  love  thy  neighbor  and  hate  thine 
enemy,  but  I  say  unto  you,  love  your  enemies,  bless 
them  that  curse  you,  do  good  to  them  that  hate 
you.'  But  can  we  love  another,  and  put  him  to 
death?  How  much  love  does  the  government  feel 
when  the  unhappy  culprit  is  forced  from  his  cell  to 
the  place  of  execution  ?  It  is  the  spirit  of  retaliation. 
There  is  no  feeling  for  the  offender.  One  great  object 
must,  from  necessity,  be  excluded ;  which  is,  the  good 
of  the  unhappy  culprit.  Indeed,  the  great  ends  of 
punishment  are  entirely  set  aside.  The  community 
receive  no  reparation, mor  would  they  if  ten  thousand 
lives  were  taken.  The  example,  instead  of  being 
beneficial,  brutalizes  and  hardens  the  heart.f  The 
law  is  wholly  subversive  of  any  good,  and  entirely 
contrary  to  the  spirit  of  Christianity.     This  we  shall 

*  See  Names  and  Titles  of  the  Lord  Jesus  Christ :  Boston.  Pub- 
lished and  sold  by  the  Author.    Fifteenth  edition,  pp.  297,  363. 

t  See  page  65,  where  will  be  found  one  of  the  most  lamentable 
proofs  of  this  remark.  The  executioner  himself  actually,  after  strang- 
ling seven  men,  coolly  sat  down  to  smoke  his  cigar  and  quaff  a  bottle 
of  wine,  before  he  proceeded  to  cut  off  the  heads  of  his  victims,  pre- 
vious to  the  burning  of  their  bodies  ! 


TEACHINGS  OP  CHRIST.  177 

prove  both  by  the  example  and  precepts  of  its  great 
Founder. 

A  soHtary  case  occurs  in  the  eventful  life  of  the  Son 
of  God,  in  which  a  capital  offender  was  brought  before 
him.  '  And  the  Scribes  and  Pharisees  brought  unto 
him  a  woman  taken  in  adultery.'  The  object  was 
rather  to  ensnare  him  than  to  obtain  a  just  decision. 
*  This  they  said  tempting  him,  that  they  might  have 
to  accuse  him.'  '  He  knew  what  was  in  man.'  He 
penetrated  into  the  very  depths  of  the  heart.  In  this 
instance,  what  a  sublimity  of  action !  What  brevity 
in  his  language  !  What .  inexpressible  tenderness  ! 
What  a  benignity  of  spirit !  While  he  rebukes  the 
severity  of  the  law  on  the  one  hand,  he  puts  her 
accusers  to  flight  on  the  other.  What  a  rebuke  to 
self-righteousness !  '  He  that  is  without  sin  among 
you,  let  him  first  cast  a  stone  at  her.'  Then  leaving 
the  rebuke  to  find  its  way  to  their  hearts,  he  stooped 
down  and  wrote  on  the  ground.  '  And  they  which 
heard  it,  being  convicted  by  their  own  conscience, 
went  out  one  by  one,  beginning  at  the  eldest,  even 
unto  the  last:  and  Jesus  was  left  alone,  and  the 
woman  standing  in  the  midst.  When  Jesus  had  lifted 
up  himself,  and  saw  none  but  the  woman,  he  said 
unto  her.  Woman,  where  are  those  thine  accusers'? 
hath  no  man  condemned  thee?  She  said,  No  man, 
Lord.  And  Jesus  said  unto  her,  Neither  do  I  condemn 
thee:   go,   and  sin  no  more.'*      How  admirably  did 

*  John  viii.  3 — 11.  It  adds  much  to  the  interest  of  this  narrative, 
if  we  remember  that  the  law  of  Moses  ordained  that  the  witnesses 
should  throw  the  first  stone,  Deut.  xvii.  7.  It  might  add  to  the  purity 
of  our  courts  if  we  were  guided  bj'  Moses  in  this  respect.  How  slow 
should  we  be  to  condemn  to  death,  if  we  had  to  chain  the  culprit, 
erect  the  gibbet,  and  place  the  halter  and  the  cap  ! 


178  TEACHINGS  OF  CHRIST. 

Jesus  turn  the  thoughts  of  these  accusers  inward ! 
Would  it  not  be  well,  when  we  look  upon  the  misera- 
ble culprit,  to  turn  our  thoughts  in  upon  our  own 
hearts?  A  certain  divine  used  to  exclaim,  when  he 
saw  a  criminal  carried  to  execution,  '  There  goes  my 
wicked  self.'  And  when  the  advocates  for  blood  come 
forward  in  their  zeal,  would  it  not  be  well  to  pause, 
and  remember  the  words  of  Jesus  7  '  He  that  is  with- 
out sin  among  you,  let  him  cast  the  first  stone.'  Let 
those  who  cry  for  blood,  erect  the  gibbet  and  place  the 
halter !     How  many  would  then  be  executed  7 

Let  us  consider  the  criminal  as  a  man  and  a  brother. 
A  writer  very  feelingly  remarks,  that  when  we  see 
one  on  his  way  to  the  gallows,  we  should  say,  '  There 
goes  my  father,  my  brother,  or  my  son.'*  How  many 
executions  would  take  place  if  the  whole  community 
possessed  such  a  feeling  7  '  Go  ye  and  learn  what 
that  meaneth,'  said  the  Great  Teacher;  'I  will  have 
mercy,  and  not  sacrifice.  I  am  not  come  to  call  the 
righteous,  but  sinners,  to  repentance.'f  '  Thou  shall 
love  thy  neighbor  as  thyself 


*  A  most  beautiful  incident  occurs  to  the  writer,  which  admirably 
exemplifies  this  sentiment.  A  long  acquaintance  with  the  individual 
renders  it  dear  to  him.  It  was  a  venerable  old  lady  of  Brewster, 
Mass.  In  passing  through  the  street,  she  saw  a  poor  bloated  drunkard 
lying  in  the  gutter.  She  went  to  him,  and  offered  her  aid,  which  he 
gladly  accepted.  An  individual,  passing  at  the  moment,  expressed  his 
surprise  that  a  lady  should,  in  his  estimation,  so  far  demean  herself. 
He  asked  her  the  reason.  She  replied,  '  It  is  my  brother ! '  '  Indeed  ! ' 
he  exclaimed.  She  quickly  added,  to  his  great  surprise,  '  and  your 
brother,  too ! '  How  Christ-like !  How  nearly  resembling  the  language 
of  the  Parable  of  the  Prodigal  Son !  Instead  of  admitting  the  expres- 
sion of  the  elder,  '  this  thy  son,'  it  was,  '  this  thy  brother  has  come 
home ! ' 

t  Matt.  ix.  13. 


TEACHINGS  OF  CHRIST.  179 

A  very  striking  instance^  illustrative  of  the  spirit  of 
Jesus,  occurred  on  his  way  to  Galilee.  His  road  lay 
through  Samaria,  but  the  villagers  '  did  not  receive 
him  because  his  face  was  as  though  he  would  go  to 
Jerusalem.  And  when  his  disciples,  James  and  John, 
saw  this,  they  said,  Lord,  wilt  thou  that  we  command 
fire  to  come  down  from  heaven  and  consume  them, 
even  as  Elias  did  ? '  What  a  request !  And  how 
would  it  have  tarnished  the  character  of  Jesus  had  he 
given  such  permission !  It  was  the  very  spirit  of 
revenge.  How  pointedly  did  he  reprove  them  !  And 
that  reproof  contains  the  very  spirit  of  that  reform  for 
which  we  are  laboring.  '  Ye  know  not  what  manner 
of  spirit  ye  are  of  For  the  Son  of  man  is  not  come 
to  destroy  men's  lives,  but  to  save  them.'  Had  the 
nations  of  the  earth  been  governed  by  this  principle, 
all  violence  would  have  ceased ;  every  prison  door 
would  have  been  thrown  open,  and  every  criminal 
would  have  been  reformed.  The  very  wilderness 
would  have  smiled,  and  the  desert  rejoiced  and  blos- 
somed as  the  rose.  '  Instead  of  the  thorn,  would  have 
come  up  the  fir-tree,  and  instead  of  the  brier,  the  myr- 
tle-tree.' But,  blessed  be  God,  the  time  will  come 
when  '  violence  shall  no  more  be  heard  in  thy  land, 
Avasting  nor  destruction  within  thy  borders ;  but  thou 
shalt  call  thy  walls  Salvation,  and  thy  gates  Praise.' 
'  Thy  people  also  shall  be  all  righteous.' 

Look  at  another  striking  instance  in  the  eventful 
life  of  the  Son  of  God.^     '  Then  came  Peter  to  him 

*  Matt.  Kviii.  21,  22.  It  was  a  maxim  among  the  Jews,  never  to  for- 
give more  than  thrice.  We  see  that  Peter  had  begun  to  outgrow  the 
maxims  of  his  age.  But  the  idea  of  forgiving  to  the  extent  of  the 
ttirection  of  his  Master,  had  never  entered  his  heart,  nor  that  of 
scarcely  any  one  since  his  day.    And,  as  to  human  governments, 


180  TEACHINGS  OF  CHRIST. 

and  said,  Lord,  how  oft  shall  my  brother  ^n  against 
me,  and  I  forgive  him  ?  till  seven  times  ?  Jesus  saith 
unto  him,  I  say  not  unto  thee,  Until  seven  times ;  hut 
Until  seventy  times  seven.' 

No  one,  who  has  glanced  over  the  New  Testament, 
but  must  have  seen  the  totally  different  spirit  of  the 
new  and  the  old  law.  Moses  addressed  the  irijurer, 
Christ  the  injured.  Moses  says  to  the  one  who  has 
mutilated  his  neighbor,  '  Eye  for  eye,  tooth  for  tooth.' 
Christ  says  to  the  injured  person,  '  Ye  have  heard 
that  it  hath  been  said,  eye  for  eye,  tooth  for  tooth,  but 
I  say  unto  you  not  to  requite*  evil ;  but  whosoever 
strikes  you  on  the  one  cheek,  offer  to  him  also  the 
other.'  Moses  taught  retaliation.  Christ  taught  sub- 
mission. Moses  made  his  enemies  die  for  him.  Christ 
died  for  his  enemies.  Moses  regulated  the  outward 
actions.  Jesus  regulated  the  heart.  Moses  was  mor- 
tal. Christ  was  divine.  Moses  was  sinful.  Christ 
was  sinless.  Moses  was  a  teacher  to  a  single  nation. 
Jesus  is  the  teacher  of  a  world.  Moses  required  sac- 
rifice. Jesus  required  mercy.  Moses  violated  his 
own  laws.  Christ  exemplified  his  in  every  action. 
'  For  if  that  which  is  done  away  was  glorious,  much 
more  that  which  remaineth  is  glorious.' 

Our  laws  are  founded  on  Moses,  not  on  Christ. 
'  Life  for  life'  is  written  on  every  code  in  the  Union.f 


there  is  not  one  on  the  face  of  the  earth  that  has  been  wholly  governed 
by  this  or  any  other  precept  of  Christ.  If  they  had  been,  the  law  of 
death  would  long  ere  this  have  been  abolished.  For,  can  we  forgive 
even  once,  and  then  put  the  capital  offender  to  death  ?        , 

*  The  word  cnTi<rnv!ti  means  not  merely  to  resist,  but  also  requite; 
and,  as  it  were,  to  rveigh  out  again  rvhat  one  has  received. 

t  Moses  incorporated  with  his  laws  only  thirty-four  capital  offences. 
Judge  Stroud  says,  '  there  are  seventy-one  crimes  in  the  slave  states  for 


TEACHINGS  OP  CHRIST.  181 

Moses  is  our  master,  not  Christ.  We  say  to  the  crimi- 
nal, '  life  for  life.'  Christ  says,  '  Be  of  good  cheer  : 
thy  sins  are  forgiven  thee.'  We  'are  blinded;  for 
until  this  day  remaineth  the  same  veil  untaken  away 
in  the  reading  of  the  Old  Testament ;  which  veil  is 
done  away  in  Christ.'  But  '  the  veil  shall  be  taken 
away.'  '  God  will  destroy  the  face  of  the  covering 
cast  over  all  people,  and  the  veil  that  is  spread  over 
all  nations.'  Moses  is  still  'our  schoolmaster.'  We 
reject  Christ,  and  put  him  to  death.  We  will  not  hear 
his  voice.  We  still  linger  around  Sinai,  preferring 
'  the  ministration  of  death  written  and  engraven  in 
stones.'  '  For  ye  are  not  come  unto  the  mount  that 
might  be  touched,  and  that  burned  with  fire,  nor  unto 
blackness,  and  darkness,  and  tempest,  but  ye  are 
come  unto  mount  Sion,  and  unto  the  city  of  the 
living  God,  the  heavenly  Jerusalem,  and  to  an  innu- 
merable company  of  angels ;  to  the  general  assembly 
and  church  of  the  first-born,  which  are  written  in 
heaven,  and  to  God  the  Judge  of  all,  and  to  the  spirits 
of  just  men  made  perfect,  and  to  Jesus,  the  mediator 
of  the  new  covenant,  and  to  the  blood  of  sprinkling, 
that  speaketh  better  things  than  that  of  Abel.'  Christ 
is  shut  out  of  our  legislatures,  our  courts,  our  schools, 
our  literature,  our  families.  And  if  Christ  were  on 
the  earth,  he  would  say,  •'  Oh,  ye  of  little  faith.'     We 

which  slaves  are  punished  with  death ;  for  each  of  which  the  white 
man  suffers  only  imprisonment.  See  Appendix  I.,  code  of  Virginia. 
Murder  is  capital  in  every  state  except  in  Maryland,  and  there  it  is 
death  or  imprisonment  for  life.  Treason  is  capital  in  the  code  of  the 
Union,  and  probably  in  every  state,  either  by  statute  or  common  law. 
The  law  was  altered  in  Rhode  Island  before  the  late  movement  by 
Mr.  ****.  For  a  very  curious  fact,  see  page  94 ;  also,  Appendix  I., 
note  on  Rhode  Island. 

16 


182  TEACHINGS  OF  CHRIST. 

have  *  paid  tithes  of  mint,  and  anise,  and  cummin,  and 
have  omitted  the  weightier  matters  of  the  law,  judg- 
ment, mercy,  and  faith.'  Oh!  that  the  spirit  of  Jesus 
might  reign  in  our  midst !  Well  might  he  ask,  '  When 
the  Son  of  man  cometh,  shall  he  find  faith  on  the 
earth?'  If  our  '  eyes  were  lifted  up,'  we  should  not 
behold  Moses  nor  Elias,  but  Christ.  And  if  the  Chris- 
tian world  were  guided  by  the  precepts  of  Jesus, 
every  gibbet  would  be  demolished,  and  every  prison 
door  thrown  open.  One  great,  all-pervading  law 
would  bind  and  govern  the  world ;  '  Thou  shalt  love 
thy  neighbor  as  thyself 

It  is  said  that  the  Christian  precepts  were  designed 
for  individuals,  not  nations.  This  has  always  .been 
urged  against  every  attempt  to  make  an  application 
of  Christianity  to  the  life  and  conduct.  The  popular 
distinction  between  political  and  moral  right,  or  be- 
tween political  expediency  and  Christian  duty,  is  dan- 
gerous in  the  extreme.  On  this  principle,  political 
bargains  are  often  made,  and  as  often  broken.  By  what 
authority  do  we  limit  the  precepts  of  Christ  ?  *  No 
prophecy  of  the  scripture  is  of  private  interpretation.' 
If  individuals  are  bound  to  act  up  to  Christian  rules, 
societies  are  subject  to  the  same.  If  not,  how  many 
individuals  must  associate  before  the  precepts  of  Jesus 
cease  to  be  binding  7  Were  Robinson  Crusoe  and  his 
man  Friday  a  nation  ?  If  not,  when  would  they  have 
begun  to  be  a  nation,  provided  successive  ships  had 
been  cast  away  on  his  island,  and  successive  savages 
enslaved?  How  populous  must  the  island  become 
before  their  members  would  sanction  sin?  The  re- 
public of  San  Marino  has  been  considered  a  nation  for 
many  centuries.  Its  numbers  are  only  three  or  four 
thousand.      Our   Indian   tribes   are   more  numerous. 


TEACHINGS  OP  CHRIST.  183 

Our  government  considers  them  nations  when  it  makes 
treaties,  but  not  when  it  breaks  them  !  Is  slavery  no 
sin  because  sanctioned  by  the  nation  ?  The  objection 
is  absurd.  We  kindly  ask,  how  many  must  be  asso- 
ciated in  a  family  or  tribe  before  the  precepts  of  Jesus 
cease  to  be  binding  ? 

Jesus,  it  is  said,  did  not  condemn  the  law  against 
which  we  have  been  laboring.  This  objection  has 
been  often  presented.  And  it  is  not  only  urged  against 
the  present  reform,  but  against  every  reform  that  has 
been  commenced  since  Jesus  was  on  the  earth.  And, 
judging  from  the  past,  we  suppose  every  reformer  will 
have  to  encounter  it  at  the  very  commencement.  It 
is  insincere.  Men  endeavor  to  seek  shelter  under  the 
example  of  Christ,  who  care  nothing  about  Christ. 
They  woufd  crucify  the  Son  of  God  afresh,  and  open 
his  bleeding  wounds.  And  are  such  men  willing  to 
be  governed  by  the  example  of  Jesus?  If  they  will 
go  to  him,  then  we  beseech  of  them  to  follow  in  his 
steps.  Hear,  then,  his  commands :  '  Ye  have  heard 
that  it  hath  been  said.  An  eye  for  an  eye,  and  a  tooth 
for  a  tooth.  But  I  say  unto  you,  That  ye  resist  not 
evil :  but  whosoever  shall  smite  thee  on  thy  right 
cheek,  turn  to  him  tlie  other  also.  And  if  any  man 
will  sue  thee  at  the  law,  and  take  away  thy  coat,  let 
him  have  thy  cloak  also.'  These  prohibit,  decisively 
and  positively,  all  acts  of  retaliation  and  violence.  If 
carried  out,  not  a  single  execution  would  ever  again 
disgrace  humanity.  Such  declarations,  it  is  said,  are 
not  to  be  understood  literally.  Indeed  !  Is  Christ 
divided?  Did  he  not,  when  smitten  on  the  one  cheek, 
turn  the  other  ?  Did  he  not  even  die  on  Calvary  for 
his  enemies?  And  is  he  not  our  pattern  and  guide? 
'  For  even  hereunto  were  ye  called :  because  Christ 


184  TEACHINGS  OF  CHRIST. 

also  suffered  for  us,  leaving  us  an  example,  that  ye 
should  follow  his  steps :  who  did  no  sin,  neither  was 
guile  found  in  his  mouth  ;  who,  when  he  was  reviled, 
reviled  not  again;  when  he  suffered,  he  threatened 
not ;  but  committed  himself  to  him  that  judgeth  right- 
eously.'* Christ,  then,  is  our  great  example.  Look- 
ing to  him,  let  us,  if  we  can,  erect  the  gibbet,  chain 
our  brother,  fix  the  fatal  noose,  draw  down  the  cap, 
and,  amid  his  cries,  cut  him  off  from  the  earth  ! 

But  we  will  give  the  objection  in  the  language  of 
Rev.  Charles  Hudson,  a  member  of  the  Senate  of 
Massachusetts,  in  1838,  in  his  Report:  'When  Christ 
was  put  to  death,  he  expired  between  two  malefactors, 
who  were  suffering  capitally  for  their  crimes.  The 
penitent  thief  confessed  that  the  punishment  was  just ; 
and  the  Saviour  acquiesced  in  that  opinion.  Would 
Christ,  in  his  last  hours,  have  omitted  this  opportunity 
to  condemn  a  penalty  which  was  contrary  to  the  ordi- 
nance of  Heaven,  and  fraught  with  extreme  cruelty  1 
Would  the  zealous  advocate  for  the  abolition  of  Capi- 
tal Punishment,  in  these  days,  let  such  an  opportunity 
pass  without  entering  his  protest  against  it  7  We 
think  not.  Now,  unless  he  claims  to  be  more  faithful 
than  the  Son  of  God,  he  must  allow  that  the  case 
before  us  furnishes  an  argument  in  favor  of  Capital 
Punishment.'  We  think,  in  meeting  objections  of  this 
nature,  a  great  error  has  been  committed.  Too  much 
reliance  has  been  placed  on  mere  phrases,  and  cold, 
unmeanrig  criticisms.  Jesus  himself  never  stopped 
by  the  way  to  controvert  mere  words.  He  began  by 
laying  the  axe  at  the  root  of  the  tree.  The  law  of 
retaliation  lay  in  his  way.  He  said,  at  once,  '  Lave 
your  enemies,  bless  them  that  curse  you.' 

*  1  Peter  ii.  21—23. 


TEACHINGS  OF  CHRIST.  186 

*It  is  apparent,'  says  a  writer,  'throughout  all 
Christ's  teachings,  that  he  was  careful  to  confine  him- 
self to  the  great  object  of  his  mission,  that  of  flinging 
broadcast  over  the  earth,  to  make  their  eventual  way 
to  its  remotest  corners,  the  imperishable  seeds  of  great 
principles,  to  the  natural  germination  and  growth  of 
which,  slow  but  certain,  he  committed  all  the  practi- 
cal social  reformations  which,  in  the  ripeness  of  time, 
were  to  be  their  fruit.  Wisely  abstaining  from  attack- 
ing directly  even  those  existing  civil  institutions  most 
essentially  at  variance  with  those  principles,  he  thus, 
by  the  words  of  power  which  he  sent  forth,  planted  at 
the  very  depths  of  their  roots  a  blight  which  would 
not  fail,  earlier  or  later,  to  wither  them  to  their  top- 
most branches,  and  soon  to  bid  them  cumber  the 
ground,  and  mar  the  fair  face  of  the  earth  no  more.' 
For  ages,  the  church  has  been  engaged  in  discussing 
mere  words  and  trifling  ceremonies,  while  humanity 
has  been  suffering,  human  rights  disregarded,  and 
prisons  and  gibbets  strewn  over  the  earth.*=  How 
little  has  been  done  !  Eighteen  centuries  have  rolled 
away.  Yet,  even  now,  when  a  poor,  feeble  voice, 
amid  din,  and  strife,  and  blood,  is  raised  for  the  poor, 
degraded  criminal,  it  is  drowned  by  the  cries  of  mor- 
bid benevolence,   sickly  sympathy,   infidelity  !f     But 


*  It  is  indeed  lamentable  to  see  the  subjects  which  have,  for  ages, 
occupied  the  attention  of  the  church,  as  of  primary  importance ;  such 
as  whether  baptism  by  immersion  or  by  sprinkling  was  the  true  mode ; 
whether  Christ  was  really  in  the  sacramental  symbols,  &c.  &c. 

l"  We  admire  the  remarks  of  Rev.  Mr.  Chapin,  of  Charlestown,  on 
this  point.  '  Morbid  feeling !  This  has  always  been  the  cry.  It  was 
a  morbid  feeling  in  those  who  protested  for  the  rights  of  individual 
conscience — it  was  a  morbid  feeling  in  our  puritan  fathers  that  ex- 
cited them  to  resist  the  tyranny  of  the  church.  It  was  a  morbid  feel- 
16* 


186  TEACHINGS  OP  CHRIST. 

the  still  small  voice  will  be  heard.  It  may  be  long 
before  it  reaches  the  heart.  But  its  mission  will  be 
effected.  Truth  is  powerful,  and  must  prevail.  '  Who 
can  calculate  the  orbit  of  a  word  7'  He  who  sends 
out  a  great  truth,  will  reap  his  reward.  It  may  lie 
long  buried  in  the  earth,  but  it  will  eventually  bring 
forth  the  fruits  of  righteousness.  Like  Jesus,  the  great 
Reformer,  the  advocate  may  be  put  to  death,  but  he 
will  have  that  peace  which  flows  like  a  river.  From 
his  very  death  will  flow  a  power  that  his  life  could 
never  have  imparted.  '  The  good  man  shall  be  satis- 
fied from  himself  He  looks  not  to  outward  circum- 
stances, but  to  God,  the  faithful  re  warder  of  sufiering 
virtue. 

Christianity  is  a  great,  a  perfect  system.  It  is  a 
system  of  light  and  love.  It  comes  from  Him  whose 
name  is  love,  and  who  is  the  Moral  Sun  of  the  uni- 
verse. It  contains  immutable  and  eternal  truths.  It 
appeals  to  man's  moral  nature.  It  is  a  system,  benev- 
olent in  its  origin,  and  omnipotent  in  power.  Its 
design  is  to  soften  the  human  heart,  to  light  up  the 
world  with  joy,  to  bind  up  the  broken  heart,  to  break 
every  yoke,  to  open  the  prison  door ;  in  short,  to  sever 


ing  that  spoke  in  favor  of  Baptists  and  Quakers.  It  was  a  morbid 
feeling  that  induced  the  patriots  of  the  revolution  to  rebel.  It  was  a 
morbid  feeling  that  softened  down  the  harsh  penalties  of  cutting  out 
the  heart,  of  transfixing  the  head  on  a  pole,  and  of  stretching  on  a 
rack,  to  hanging  on  a  gibbet.  It  was  a  morbid  feeling  that  changed 
the  place  of  public  execution  from  the  public  gaze  to  the  jail-yard. 
And  I  expect  that  this  morbid  feeling  will  continue  until  the  ermine  of 
justice  shall  be  no  longer  stained  with  blood ;  until  men  learn  to  be 
merciful  even  while  they  punish  ;  until  they  learn  that  the  true  policy 
of  society  is  not  severity  but  reformation.  If  all  this — and  it  is  all  of  a 
kind — is  morbid  feeling,  let  it  work  on.' — Three  Discourses  on  Capital 
Punishment,  p.  11.    Boston:  1843. 


TEACHINGS  OP  CHRIST.  187 

every  chain,  to  purify  and  refine  every  soul,  and  tc 
subdue  all  things  to  God. 

In  the  New  Covenant,  we  find  re-enacted  in  the 
most  solemn  manner  the  great  command,  '  Thou  shalt 
NOT  KILL.'  As  the  old  covenant  was  passing  away, 
with  its  rites  and  observances,  Jesus  gathered  up  the 
Moral  Law,  stripped  it  of  all  tradition,  and  incorpo- 
rated it  with  the  gospel.  And  one  of  the  commands 
of  that  Moral  Law  was,  '  Thou  shalt  not  kill.' 
True,  there  are  other  portions,  of  importance  to  the 
well-being  of  society.  But  our  duty  is  to  bring  out 
this,  in  all  its  distinctness  and  awful  solemnity.  Other 
writers  may  take  up  the  several  parts  of  the  deca- 
logue, but,  to  us,  this  one  seems  all-important ;  for,  we 
cannot  expect  human  rights  to  be  respected  so  long  as 
human  life  is  disregarded.  The  immutability  of  life 
lies  at  the  foundation.  We  can  safely  build  on  no 
other  principle.  So  long  as  the  Punishment  of  Death 
is  permitted,  all  other  rights  will  be  unsafe.  We 
must  begin  here :  '  Thou  shalt  not  kill  ! '  How 
solemn!  It  shines  out  everywhere  in  the  Gospel. 
It  does  not  come  to  us  now  amid  the  thunderings  of 
Sinai.  It  drops  gently  from  Him  who  'came  from  the 
bosom  of  the  Father ;'  from  Him  who  is  '  the  Way,  the 
Truth,  and  the  Life.' 

But  the  Hon.  Senator,  to  whom  we  alluded,  won- 
ders why  the  Son  of  God  did  not  speak  against  Capi- 
tal Punishment  on  the  cross.  Indeed !  Was  that  a 
time  to  point  out  the  evils  of  a  particular  law ;  a  law 
by  which  he  himself  was  condemned  to  be  crucified  7 
Had  he  not  already  laid  down  principles  that  would 
eventually  subvert  every  cruel  law?  Had  he  not, 
in  his  very  first  sermon,  spoken  directly  against  the 


188  TEACHINGS  OP  CHRIST. 

law  of  retaliation?  And  was  he  not,  in  that  dark 
hour,  giving  his  life  in  attestation  of  his  principles? 
Could  he  not  have  called  down  twelve  legions  of 
angels?  The  very  crucifixion  itself,  when  felt  as  it 
should  be,  will  break  every  fetter,  will  cast  down 
every  gibbet,  and  open  every  prison  door.  It  was  this 
doctrine  that  gave  to  a  suffering  world  the  angel-spirit 
of  a  Howard.*  And  the  crucifixion  is  now  moving 
the  hearts  of  philanthropists  to  ameliorate  the  condi- 
tion of  the  prisoner.      It  goes  to  the  cold,  damp  dun- 


*  We  cannot  mention  the  name  of  Howard  without  peculiar  emo- 
tions. When  we  remember  that  he  spent  thirty  thousand  pounds  in 
the  cause  of  humanity,  and  traversed  nearly  sixty  thousand  miles, 
fearlessly  daring  the  dungeon's  gloom  arid  the  squalid  aspect  of  the 
miserable  occupant,  as  he  lay  in  his  filthy  straw,  on  the  damp,  clay 
floor,  who  can  help  admiring  his  ardent  love  for  the  degraded.  Cow- 
per,  the  great  moral  poet  of  England,  has  pronounced  the  following 
just  and  beautiful  eulogium  on  his  character : 

'  Patron  of  else  the  most  despis'd  of  men, 

Accept  the  tribute  of  a  stranger's  pen; 

Verse,  like  the  laurel,  its  immortal  meed. 

Should  be  the  guerdon  of  a  noble  deed ; 

I  may  alarm  thee,  but  I  fear  the  shame, 

(Charity  chosen  as  my  theme  and  aim,) 

I  must  incur,  forgetting  Howard's  name, 

Blest  with  all  wealth  can  give  thee,  to  resign 

Joys  doubly  sweet  to  feelings  quick  as  thine. 

To  quit  the  bliss  thy  rural  scenes  bestow, 

To  seek  a  nobler  amidst  scenes  of  wo, 

To  traverse  seas,  range  kingdoms,  and  bring  home, 

Not  the  proud  monuments  of  Greece  or  Rome, 

But  knowledge  such  as  only  dungeons  teach, 

And  only  sympathy  like  thine  could  reach ; 

Tliat  grief,  sequester'd  from  the  public  stage, 

Might  smooth  her  feathers,  and  enjoy  her  cage ; 

Speaks  a  divine  ambition,  and  a  zeal. 

The  boldest  patriot  might  be  proud  to  feel 

O  that  the  voice  of  clamor  and  debate. 

That  pleads  for  peace  till  it  disturbs  the  state, 

Were  hushed  in  favor  of  thy  gen'rous  plea, 

The  poor  thy  clients,  and  Heaven's  smile  thy  fee !' 


TEACHINGS  OF  CHRIST.  189 

geon,  and  speaks  kindly  to  him  It  endeavors  to  show 
him  that  all  is  not  lost,  that  he  has  a  Father  in 
heaven,  and  that  Jesus  waits  with  open  arms  again  to 
receive  him.^  It  goes  to  the  gallows  and  says,  That 
is  my  brother,  spare  him;  let  him  live.  Degraded 
though  he  may  be,  still  there  is  hope.  Mercy  and 
compassion  may  yet  subdue,  and  he  whom  you  con- 
sider an  outcast,  may  yet  become  a  blessing  to  that 
community  whose  laws  he  has  violated.f 

The   death  of  Christ  was  a  complete  embodiment 

*  '  Private  Christians,  selected  at  once  for  their  judiciousness  and 
philanthropy,  by  conA^ersation,  look  and  encouragement,  must  touch 
within  the  convict,  chords  which  have  long  ceased  to  vibrate ;  must 
awaken  new  hopes ;  must  show  him  that  all  is  not  lost.' — Channing. 

t  A  touching  incident  fell  under  the  eye  of  the  writer.  .  During  the 
imprisonment  of  Leavitt,  the  murderer,  in  P]}Tnouth,  Mass.,  a  con- 
vention was  held  by  the  Universalist  denomination.  It  was  proposed 
to  hold  a  prayer-meeting  in  his  cell.  The  proposal  was  looked  on 
with  surprise.  A  prayer-meeting  in  a  murderer's  cell !  Who  ever  heard 
of  it  ?  The  prison-door  was  opened.  Several  devout  men  and  women 
entered.  The  first  prayer  was  from  a  female.  It  melted  every  heart. 
The  beautiful  hymn,  '  The  poor  way-faring  man,'  was  sung.  And  a 
thrill  of  sympathy  ran  through  every  heart  when  we  came  to  the 
words, 

'  In  prison  I  saw  him  next,  condemn'd 
To  meet  a  traitor's  doom  at  morn.' 

Tears  flowed  from  every  eye.  And,  as  we  addressed  the  murderer  in 
cheering,  confiding  language,  recognising  him  as  a  brother,  he  wept 
aloud.  He  was  disarmed.  The  murderer  was  gone.  The  lion  became 
a  lamb;  the  serpent  a  dove.  He  was  'clothed  in  his  right  mind.' 
Say  not  there  is  no  power  in  the  love  of  Jesus.  It  will  subdue  the  stout- 
est heart.  It  made  that  dungeon  a  palace.  It  was  a  heaven  on  earth. 
We  left  that  cell  with  chastened  feelings,  with  renewed  sympathy 
for  'the  poor  way-faring  man.'  And  would  not  such  meetings  do 
more  good  than  chains  and  gibbets  ?  Let  him  answer  who  has  felt  the 
love  of  Christ  in  his  soul. 


190  TEACHINGS  OF  CHRIST. 

of  Christianity.  Jesus  then  carried  his  principles  t-c 
the  highest  degree  of  perfection  and  purity.  It  was 
not  simply  a  friend  dying  for  a  friend.  It  was  a  devel- 
opment of  a  higher  principle.  '  Greater  love,'  said 
Jesus,  at  the  Last  Supper,  '  hath  no  man  than  this, 
that  he  lay  down  his  life  for  his  friends.'  Human 
love  may  rise  to  that  point.  '  God  commendeth  his 
love  toward  us  in  that,  while  we  were  yet  sinners, 
Christ  died  for  us.'  '  Herein  is  love,  not  that  we 
loved  God,  but  that  he  loved  us,  and  sent  his  Son  to 
be  the  propitiation  for  our  sins.'  What  love  !  Who 
can  measure  its  height,  its  depth,  its  length,  or  its 
breadth?  Let  us  seek  for  an  illustration.  History 
furnishes  nothing  that  equals  the  truth  itself.  We 
may  refer  to  the  hero,  who  mounts  his  steed,  and 
buckles  on  his  armor,  and  bleeds  for  his  country. 
The  world  calls  him  great,  as  he  goes  forth  amid 
the  flourish  of  drums  and  trumpets,  trampling  upon 
the  bodies  of  the  slain  and  the  wounded.  Community 
throws  up  the  splendid  arch ;  it  calls  on  music  to 
praise  his  deeds,  upon  the  statuary  to  imbed  them  in 
the  marble,  and  upon  the  poet  to  portray  them  in  let- 
ters of  fire.  But  the  hero  died  for  fame,  perchance  for 
country.  Jesus  died  for  his  enemies.  Then,  we  turn 
from  the  bloody  deeds  of  the  earthly  hero.  Behold 
the  mother,  bending  over  the  couch  of  her  sick  child ! 
She  is  there  when  the  midnight  taper  burns  dimly. 
She  is  there  when  the  morning  smiles.  She  is  there 
when  the  sun  pours  down  his  noon-tide  splendors. 
She  is  there,  day  after  daj^,  till  death  marks  her  for 
his  victim,  and  she  is  conveyed  to  the  house  appointed 
for  all  living.  She  has  fallen  a  sacrifice  to  her  child. 
But  Jesns  died  for  his  enemies.     Amid  the  agonies  of 


TEACHINGS  OF  CHRIST.  191 

his    expiring   hour,   he  exclaimed,    'Father,   forgive 
them,  for  they  know  not  what  they  do.'* 

Yet  we  are  told  that  Jesus  said  nothing  against  the 
law  which  demands  '  life  for  life.'  Go,  ye  advocates 
for  blood !  go,  stand  at  the  foot  of  that  cross !  Go, 
imbibe  its  spirit  of  forgiveness  and  forbearance  !  Go, 
while  the  blood  flows  fresh  from  the  wounded  Saviour  ! 
Go !  and  then  take  your  fellow-man,  one  for  whom 
Christ  died ;  one,  weak,  helpless,  tempted,  frail,  like 
yourself;  one  made  in  the  image  of  God ;  go,  and 
erect  your  scaffold ;  and,  amid  his  shrieks  and  groans, 
innocent  though  he  may  be,  hurl  him  into  the  presence 
of  his  God ! 

*  To  show  the  power  of  the  sufferings  of  Christ  in  reclaiming 
the  vicious  and  degraded,  we  present  the  following  touching  inci- 
dent :  '  At  Berlin,'  says  Rev.  C.  E.  Stowe,  '  I  visited  an  establishment 
for  the  reformation  of  youthful  offenders.'  '  The  children,'  he  says, 
'  received  into  this  institution  are  often  of  the  very  worst  and  most 
hopeless  character.  Not  only  are  their  minds  most  thoroughly  de- 
praved, but  their  very  senses  and  bodily  organization  seem  to  partake 
in  the  viciousness  and  degradation  of  their  hearts.'  'An  ordinary 
man,'  he  adds,  'might  suppose  that  the  task  of  restoring  such  poor 
creatures  to  decency  and  good  morals  was  entirely  hopeless.'  But 
not  so ;  the  superintendent  '  took  hold  with  the  firm  hope  that  the 
moral  power  of  the  word  of  God  was  competent  to  such  a  task.'  '  On 
one  occasion,'  we  are  informed,  '  when  every  other  means  seemed  to 
fail,  he  collected  the  children  together,  and  read  to  them,  in  the  words 
of  the  New  Testament,  the  simple  narrative  of  the  sufferings  and  death 
of  Christ,  with  some  remarks  on  the  design  and  object  of  his  mission 
into  this  world.  The  effect  was  wonderful.  They  burst  into  tears  of 
contrition,  and  during  the  whole  of  that  term,  from  June  till  October, 
the  influence  of  this  scene  was  visible  in  aU  their  conduct.  The  idea 
that  takes  so  strong  a  hold  when  the  character  of  Christ  is  exhibited  to 
such  poor  creatures,  is,  that  they  are  objects  of  affection;  miserable, 
wicked,  despised  as  they  are,  yet  Christ,  the  Son  of  God,  loved  them, 
and  loved  them  enough  to  suffer  and  to  die  for  them— and  still  loves 
them.  The  thought  that  they  can  yet  be  loved,  melts  the  heart,  and 
gives  them  hope,  and  is  a  strong  incentive  to  reformation.' 


ESSAY   V. 

OBJECTIONS. 

Innovation —  Claims  of  antiquity —  Christ —  Cheever's  view  of  Cain- 
Inhuman  to  abolish  the  law — Violence  upon  a  maniac — The  law 
a  restraint  upon  the  imprisoned — Conversation  in  a  prison — Saves 
life — Expediency — Death  of  Christ — Experimenting — Anecdote — 
Incident  among  the  Hottentots — All  sympathy  for  the  criminal — 
Example  of  Jesus — Adulteress — Suicide  of  Colt — Criminals  beyond 
moral  influences —  Washingtonian  movement. 

'  Pertness  and  ignorance  may  ask  a  question  in  three  lines  which  it 
will  cost  learning  and  ingenuity  thirty  pages  to  answer.  When  this  is 
done,  the  same  question  shall  be  triumphantly  asked  again  the  next 
year,  as  if  nothing  had  ever  been  written  upon  the  subject.' 

Bishop  Horne. 

Objections  have  always  been  made  to  every  reform. 
Human  progress  is  very  slow.  Long-established  laws 
and  customs,  however  absurd  and  barbarous,  are  not 
easily  changed.  And  he  who  ventures  beyond  the 
prejudices  of  his  age  must  endure  persecution,  per- 
haps even  to  martyrdom.  We  expect  reproach ;  but 
that  shall  not  turn  us  aside  from  laboring  for  human- 
ity. Our  efforts  may  have  a  very  limited  influence ; 
but  if  we  reach  a  single  mind,  dry  up  a  single  tear, 
modify  even  one  unjust  law,  or  soften  a  single  heart, 
something  will  be  gained. 

There  is  an  unfairness  in  the  objections  that  are 
urged  against  this  reform.  It  is  common  to  present 
highly  colored  pictures  of  atrocious  crimes.  We  are 
referred  to  the  unnatural  wretch  who  has  assassinated 


OBJECTIONS.  193 

his  father ;  or  the  incarnate  fiend  who  has  set  fire  at 
midnight  to  the  habitation  of  his  enemy,  and  gloated 
over  the  destruction  of  a  whole  family.  We  are  asked 
if  such  men  should  be  allowed  to  enjoy  the  boon  of 
life,  of  which  they  have  pitilessly  deprived  the  inno- 
cent and  the  virtuous. 

But  will  the  execution  of  the  ofifender  restore  the 
murdered  man  to  life  ?  Will  it  again  gather  around 
him  his  ruined  home,  his  massacred  wife  and  children  ? 
The  objection  is  based  on  vengeance.  It  was  an 
admirable  maxim  of  Bentham,  '  Never  do  evil  solely 
on  the  ground  that  it  is  deserved.'  Unless  some  good 
purpose  is  gained,  we  have  no  right  to  inflict  evil  on 
the  offender.  We  have  shown  that  the  existing  law 
is  subversive  of  all  the  ends  of  pimishment. 

Some  persons  seem  to  have  a  sort  of  morbid  dread 
of  the  consequences  that  might  ensue  if  Capital  Pun- 
ishment were  abolished.  They  imagine  that  it  is  the 
only  sure  protection  for  their  lives  and  their  pos- 
sessions. They  seem  to  think  the  very  foundations 
of  society  would  be  broken  up.  Such  persons  should 
remember  that  those  countries  have  always  been  the 
most  luxuriant  in  crime  where  blood  has  been  spilled 
with  the  greatest  freedom.  We  have  shown  the  inse- 
curity of  property  by  the  petitions  of  the  bankers  in 
England,  who  found  the  law  so  inefficacious  that 
they  prayed  for  its  abolishment.*  And  such  persons 
should  remember  that  even  after  the  experiment  has 
been  tried,  society  may  go  back  and  try  again  the  effi- 
cacy of  the  scaffold.  All  we  ask  is  the  experiment. 
The  friends  of  Capital  Punishment  have  had  their 


*  Part  I.,  Essay  III.,  p.  38. 
17 


194  OBJECTIONS. 

turn  for  centuries.  We  beg  of  them  to  let  us  try  ours 
at  least  for  a  few  years. 

I.  The  proposed  reform  is  an  innovation.  This 
objection  has  been  urged  in  every  age.  We  freely 
admit  that  every  innovation  is  not  an  improvement, 
though  every  improvement  is  an  innovation.  We 
have  no  respect  for  antiquity  when  it  conflicts  with 
humanity.  If  general  usage  be  a  test,  no  improvement 
will  ever  be  made.  We  may  plead  antiquity  for 
every  execution  for  heresy  or  witchcraft.  On  this 
ground,  the  most  cruel  tortures,  and  even  human  sacri- 
fices, may  be  justified.  But  do  those  who  urge  this 
objection  respect  antiquity  when  it  conflicts  with  a 
favorite  theory?  Christianity  itself  is  the  greatest 
innovation  the  world  has  ever  seen.  Jesus  himself 
was  an  innovator.  He  invaded  long-established  cus- 
toms. He  came  to  invade  a  whole  dispensation  of 
rites  and  ceremonies.  He  came  to  establish  sentiments 
that  will  eventually  overthrow  every  idolatrous  tem- 
ple. He  said,  '  I  am  come  to  send  fire  on  the  earth, 
and  what  will  I,  if  it  be  already  kindled?'  This  fire 
is  still  burning,  and  will  continue  till  every  species 
of  violence  is  removed  from  the  earth,  till  every  pas- 
sion is  subdued,  till  'the  kingdoms  of  this  world 
become  the  kingdoms  of  our  Lord  and  his  Christ.' 

But  if  the  objector  still  urges  antiquity,  we  would 
go  with  him  to  the  most  antiquated  case  on  record, 
to  the  very  first  murderer  !  Was  there  a  gibbet  erected 
for  him  ?  The  very  first  law  in  existence,  respecting 
murder,  was  to  preserve  the  life  of  the  murderer  him- 
self! Surely,  antiquity  is  in  our  favor.  We  know 
that  the  Rev.  Mr.  Cheever  urges  that  this  was  an 
experiment  on  the  part  of  the  Deity;  that,  in  conse- 
quence of  '  the  divine  lenity,  in  the  case  of  Cain,  the 


OBJECTIONS.  196 

crime  of  murder  had  become  frightfully  common,  and 
the  earth  was  filled  with  violence  !  '*  Indeed !  what 
a  sad  mistake  !  So  this  advocate  for  blood  would  cor- 
rect the  errors  of  the  Great  Legislator  of  the  universe. 
Would  it  not  be  well  first  to  enlighten  our  own  legis- 
lators? We  shall  be  content  if  we  can  correct  but  a 
single  human  error.  This  would  amply  repay  the 
labors  of  a  whole  life.  But  we  leave  this  divine  to 
his  work. 

II.  The  advocates  of  the  abolition  of  the  law  are 
not  the  friends  of  humanity.  This  has  been  urged 
against  philanthropists  in  every  age.  Wilberforce, 
Clarkson  and  Sharp  had  this  to  encounter,  in  their 
efforts  to  abolish  the  slave  trade.  It  has  even  been 
urged  against  the  peace  enterprise.  War,  it  is  said, 
has  carried  forward  civilization  and  the  arts,  and 
nations  have  become  improved  by  conquest.  With- 
out assuming  too  much,  we  simply  ask  the  commu- 
nity to  judge  in  this  matter.  Is  there  not  as  tender  a 
sentiment  of  love  and  kindness  among  those  who 
oppose  the  Punishment  of  Death  as  among  its  advo- 
cates? Let  there  be  a  day  appointed  for  an  execu- 
tion; and  who  are  the  most  angry  if  a  reprieve  is 
announced?  Is  it  the  most  refined  and  the  most 
amiable  ?  Who  go  to  the  gallows  ?  Who  indulge  in 
coarse  and  vulgar  expressions?  Instances  have  been 
where  the  multitude  were  so  eager  for  blood  that  they 
have  rushed  into  the  cell,  torn  off  the  chains  of  the 
prisoner,  and  dragged  him  to  the  scaflbld !  An 
instance  is  given  by  Mr.  Livingston,  where  the  poor 
victim  was  a  maniac  !f     And  yet,  when  we  plead  for 

*  For  a  reply  to  this  very  profound  argument,  see  p.  137. 
t  See  Part  I.,  Essay  V.,  p.  61. 


196  OBJECTIONS. 

the  repeal  of  the  law,  we  are  not  the  friends  of 
humanity !  '  Tell  it  not  in  Gath !  Publish  it  not  in 
the  streets  of  Askelon ! ' 

III.  It  is  urged  that  Capital  Punishment  is  neces- 
sary to  restrain  those  who  are  imprisoned.  What 
shall  be  done  with  those  who  are  sentenced  to  im- 
prisonment for  life  ?  Suppose  the  warden,  or  some 
other  officer,  is  killed ;  then  there  is  no  heavier  pen- 
alty, unless  life  can  be  taken.  To  meet  this  point, 
we  present  a  conversation  held  in  Thomaston  prison, 
in  Maine,  with  an  officer.  During  a  visit  there,  the 
writer  was  asked  what  could  be  done  in  such  a  case, 
alluding  to  the  murder  of  Mr.  Lincoln,  warden  of  the 
Massachusetts  State  Prison,  which  had  just  occurred. 
'  Suppose,'  we  replied,  '  that  all  the  prisoners,  (about 
two  hundred  and  seventy,)  had  been  engaged  in  that 
affray;  would  you  hang  the  whole?'  The  officer 
hesitated.  He  never  thought  of  that.  We  observed 
that  the  same  principle  that  allowed  the  execution  of 
one  murderer,  would  admit  that  of  ten,  or  five  hun- 
dred, or  any  number  that  might  be  concerned.  And 
where  should  we  end  7  We  may  say  this  might  never 
happen.  True,  but  we  should  look  out,  in  laying 
down  principles,  to  see  how  far  they  may  be  carried. 
It  will  be  seen  that,  in  war,  this  very  principle  has 
been  adopted.  But,  then,  war  justified  any  expedient. 
Let  us  be  careful  and  not  carry  its  principles  into  our 
codes.* 

IV.  Not  wholly  dissimilar  to  the  last,  is  another 
objection.  The  execution  of  a  criminal  may  save  the 
lives  of  others.      This  is  the  doctrine  of  expediency — ■ 


*  See  a  very  interesting  debate,  held  at  the  Windward  Islands^  on 
the  Punishment  of  Death ;  page  153,  of  this  work. 


OBJECTIONS.  197 

a  doctrine  which  has  sacrificed  thousands,  whose 
names  were  dear  to  Uterature,  to  patriotism,  and  the 
great  cause  of  humanity.  On  this  groimd,  even  the 
Son  of  God  was  put  to  death.  '  Ye  know  nothing  at 
all,'  said  Caiaphas,  '  nor  consider  that  it  is  expedient 
for  us  that  one  man  should  die  for  the  people,  and 
that  the  whole  nation  perish  not.'  And  so  one  must 
be  put  to  death,  in  whom  no  fault  was  found.  But 
the  Romans  did  come,  notwithstanding,  and  the  whole 
nation  perished. 

This  experimenting  upon  human  nature  is  shock- 
ing. We  kill  one  man  in  order  to  reform  or  confirm 
the  virtue  of  another.  It  is  an  entire  perversion  of  all 
moral  reasoning.  History,  observation,  and  experi- 
ence all  demonstrate  that  crimes  increase  with  the 
severity  of  laws.  Public  executions  tend  to  promote 
cruelty  and  a  disregard  for  life. 

But  if  it  be  necessary  to  hang  the  murderer,  why 
not  hang  the  maniac  ?  He  is  by  far  the  most  danger- 
ous man.  But  our  statute  makes  provision  for  the 
culprit  if  he  become  insane  after  sentence.  The 
sheriff,  then,  is  to  wait  till  he  comes  to  his  senses.* 
If  it  be  a  female,  then,  if  she  be  in  a  '  peculiar  situa- 
tion,' the  sentence  must  be  delayed ! 

But  why  hang  at  all  7  Why  not  simply  have  the 
appearance?  Perhaps  hanging  in  ejjigy  might  an- 
swer in  some  cases.f 


*  Our  law  reminds  us  of  an  incident.  It  appears  that,  on  the  morn- 
ing of  an  execution,  the  physician  reported  that  the  prisoner  was  not 
well  enough  to  be  hung  ! 

t  At  the  Cape  of  Good  Hope,  the  Dutch  made  use  of  a  stratagem, 
which  could  only  succeed  among  Hottentots.  One  of  their  officers 
having  killed  an  individual  of  this  inoffensive  tribe,  the  whole  nation 
took  up  fhe  matter,  and  became  furious  and  implacable.      It  was 

17* 


198  OBJECTIONS. 

'  Suppose/  says  Mr.  Rantoul,  '  by  an  arrangement 
with  foreign  nations,  all  the  criminals  condemned  in 
all  the  courts  of  the  old  world  could  be  brought  within 
this  Commonwealth,  and  executed  in  its  different 
towns  throughout  the  next  year.  Does  any  one  be- 
lieve that  such  is  the  moral  effect  of  these  exhibitions, 
that  capital  crimes  would  be  less  frequent  after  the 
expiration  of  that  period  than  before?  Is  it  not  a 
more  reasonable  conclusion,  that  the  value  of  human 
life  would  be  so  cheapened  in  the  eyes  of  the  specta- 
tors of  such  a  lavish  waste  of  it,  that  capital  crimes, 
and  particularly  murder,  would  be  fearfully  multi- 
plied, and  almost  in  the  ratio  of  the  executions?  If 
a  thousand  executions  would  produce  this  most  mis- 
erable effect,  one  execution  would  produce  much  more 
than  a  thousandth  part  of  it,  since  the  first  execution 
that  a  man  witnesses  gives  a  much  severer  shock  to 
his  moral  sense,  and  inflicts  a  deeper  and  more  lasting 
injury  upon  his  character,  than  any  ten  or  twenty 
scenes  of  the  same  sort  that  he  may  witness  after- 
wards.' 

V.  It  is  frequently  said  that  the  friends  of  the  pro- 
posed reform  have  too  much  sympathy  for  the  crimi- 
nal.    But  who  is  the  criminal  ?     Is  he  not  a  man  and 


necessary  to  make  an  example  to  pacify  them.  The  delinquent  was 
therefore  brought  before  them,  iu  irons,  as  a  malefactor.  He  was 
tried  with  great  form,  and  was  condemned  to  swallow  a  goblet  of 
ignited  brandy.  The  man  played  his  part ;  he  feigned  himself  dead, 
and  fell  motionless.  His  friends  covered  him  with  a  cloak,  and  bore 
him  away.  The  Hottentots  declared  themselves  satisfied.  '  The^ 
ivorst  we  should  have  done  with  the  vian^  said  they,  '  would  have  been  to 
throw  him  into  the  fire,  hut  the  Dutch  have  done  better  ;  they  have  put  the 
fire  into  the  man.'' — Works  of  Jeremy  Benth.\m.  Vol.  i.  p.  398.  Edin- 
burgh :  1843. 


OBJECTIONS.  199 

a  brother  1  Is  he  beyond  the  pale  of  human  sympa- 
thy and  kindness?  Have  we  not  all,  in  some  form, 
violated  the  law  of  God  1  And  may  we  not  be  led 
to  commit  the  same  crime  1  Let  us  not  be  too  hasty. 
We  should  remember  the  words  of  Jesus :  *  He  that  is 
without  sin  among  you,  let  him  cast  the  first  stone.' 
We  believe  that  a  murderer  is  as  much  an  object  of 
commiseration  as  a  man  afflicted  with  a  loathsome 
bodily  disorder,  and  that  it  is  as  much  our  duty  to 
heal  the  moral  maladies  of  the  former,  as  the  physical 
infirmities  of  the  latter. 

But  we  do  not  forget  the  victim  of  the  assassin. 
We  feel  for  his  family.  We  mourn  that  crimes  are 
committed.  Gladly  would  we  restore  the  loss.  But 
would  the  taking  of  another  life,  or  even  a  thou- 
sand, bring  back  the  dead?  Would  it  revive  the  joys 
of  the  desolate  hearth  ?  We  say,  then,  spare  the  cul- 
prit. He  may  yet  be  reformed,  and  perhaps  even 
benefit  the  very  family  from  whom  he  has  taken  his 
victim.*  It  is  because  we  feel  for  the  loss  of  others, 
that  we  would  stay  the  progress  of  crime.  We  have 
shown  that  public  executions  do  not  produce  this 
efiect. 


*  We  have  often  thought  that  better  arrangements  might  be  made 
in  regard  to  criminals.  Why  could  not,  at  least,  a  portion  of  their  earn- 
ings go  towards  the  support  of  the  family  of  the  murdered  victim  ? 
The  prisoner  now  works  for  the  state,  and  a  portion  is  devoted  to  his 
own  security.  He  does,  in  fact,  build  his  own  cell,  and  forge  his  own 
chains.  He  does  this  not  only  morally  but  literally.  Could  he  but 
know  that  he  was  doing  something  for  the  family  whose  peace  he  had 
invaded,  would  he  not  feel  encouraged  ?  On  the  contrary,  if  he  was 
still  regardless  of  those  whose  rights  he  had  violated,  would  it  not  be 
a  punishment  to  know  he  was  laboring  for  their  benefit  ?  See  p.  68, 
where  a  very  interesting  fact  is  given  to  show  the  care  that  one  of  the 
despotic  governments  of  the  old  world  have  for  the  children  of  crimi- 
nals. 


200  OBJECTIONS. 

But  did  not  Jesus  manifest  a  sympathy  for  the 
wrong-doer?  Did  he  not  say  to  the  adulteress, 
'Neither  do  I  condemn  thee.  Go  and  sin  no  more?'* 
Had  we  his  spirit,  we  should  feel  for  the  degraded  and 
the  forsaken.  But  we  are  revengeful;  impatient  for 
blood.  A  victim  must  bleed  upon  the  altar  !f  An 
amiable  author  has  finely  presented  this  feeling  on 
the  day  appointed  for  the  execution  of  Colt,  in  New 
York.  He,  however,  chose  to  be  his  own  execu- 
tioner !  '  The  hearts  of  men  were  filled  with  mur- 
der; they  gloated  over  the  thoughts  of  vengeance, 
and  were  rabid  to  witness  a  fellow-creature's  agony. 
They  complained  loudly  that  he  was  not  to  be  hung 
high  enough  for  the  crowd  to  see  him.  "What  a 
pity  ! "  exclaimed  a  woman  who  stood  near  me,  gaz- 
ing at  the  burning  tower;  "  tkey  will  have  to  give  him 
two  hours  more  to  live!"  "Would  you  feel  so  if  he 
were  your  son?"  said  I.  Her  countenance  changed 
instantly.  She  had  not  before  realized  that  every 
criminal  was  somehodi/s  son.'|    And  had  he  not  the 


*  See  p.  177,  where  this  case  is  fully  considered. 

t  It  is  not  merely  in  regard  to  the  Punishment  of  Death  that  cruelty 
manifests  itself,  but  it  is  so  in  all  our  laws.  In  1833,  an  estimate  was 
made  of  the  number  confined  for  debt.  It  was  found,  by  that  oppres- 
sive system,  seventy-five  thousand  were  deprived  of  their  liberty,  in 
the  United  States.  An  instance  occurred,  where  an  individual  was 
imprisoned  for  two  or  three  cents,  and  an  advocate  of  the  law  justified 
the  arrest  and  incarceration  of  the  body.  See  ' Essays  on  Imprison- 
ment for  Debt,'  p.  14.    By  the  Author  of  this  work..  • 

X  Letters  from  New  York.  By  Mrs.  Child.  Probably  this  expres- 
sion was  suggested  to  the  fair  authoress  by  an  incident  in  New 
Haven.  A  horse  was  running  violently  through  the  street  with  a  boy 
in  a  wagon.  A  lady  rushed  from  her  house  to  save  him.  Her  daugh- 
ter endeavored  to  check  her,  saying,  '  Mother !  it  is  not  your  son.' 
'Yes,'  she  replied,  'but  it  is  somehodif s  son!'      When  we  see  the  poor 


OBJECTIONS.  20i 

same  right  that  the  government  had,  to  take  his  own 
hfe  1  Surely,  if  any  one  has  the  right  to  take  life,  it 
is  the  individual  himself.  And  it  is  remarkable,  that 
public  executions,  as  Mr.  Rantoul  says,  'lead  to  a 
form  of  suicide  scarcely  known  to  the  ancients.'  Who 
ever  read  of  the  heroes  of  antiquity  hanging  them- 
selves with  a  halter  ?  But  if  ours  is  a  weak  human- 
ity ;  if  we  are,  as  one  nicknamed  us,  humanity-mon- 
gers, we  have  only  to  reply  that,  if  this  is  a  weak 
humanity,  it  is  the  weakness  of  Dr.  Johnson,  of  Judge 
Blackstone,  of  Beccaria  and  Montesquieu.  It  is  the 
weakness  of  Erasmus  and  Sir  Thomas  More  ;  of  Chil- 
LiNGWORTH  and  Goldsmith;  of  Franklin  and  Living- 
ston; of  Rush  and  Howard;  of  Fox  and  Pitt;  of 
WiLBERFORCE  and  RoMiLLY,  and  even  of  him,  above 
them  all,  who  '  came  not  to  destroy  men's  lives,  but 
to  save  them.' 

VI.  But  it  is  said  that,  with  all  our  sympathy  and 
kindness,  some  criminals  are  beyond  the  reach  of  all 
moral  influences.  Is  this  true?  Have  we  exhausted 
all  moral  power?  Are  there  not  numberless  in- 
stances that  show  the  power  of  love  upon  the  human 
soul  7*  We  believe  there  is  moral  power  enough  in 
Christianity  to  remove  every  moral  evil  on  earth. 
We  must  bring  it  to  bear  upon  the  human  soul.  Look 
at  the  labors  of  Mrs.  Fry  and  Howard.  Let  us  not 
despair.  And  all  around  us  and  about  us  is  a  great 
moral  movement  named  after  him  who  led  our  armies 
on  "to  triumph  and  to  victory.  What  a  change  has 
this  moral  revolution  efljected  in  the  social  habits  of 


criminal  dragged  through  the  street,  did  we  but  realize  that  it  is  sonU' 
bodi/s  son,  what  a  sympathy  would  it  awaken  in  the  soul! 
*  See  Appendix  II.,  where  several  illustrations  are  given. 


202  OBJECTIONS. 

our  country !  But  we  shall  refer  to  this  more  dis- 
tinctly in  our  next  chapter,  on  encouragements. 

But  who  makes  the  objection  that  criminals  are 
beyond  our  reach?  Does  it  come  from  those  who 
have  engaged  in  the  holy  enterprise  of  bringing  men 
back  to  virtue  and  holiness  7  No.  The  true  philan- 
thropist never  despairs.  He  is  obliged,  sometimes, 
to  adopt  the  language  of  the  apostle,  '  We  are  troubled 
on  every  side,  yet  not  distressed;  we  are  perplexed, 
but  not  in  despair  ;  persecuted,  but  not  forsaken;  cast 
down,  but  not  destroyed.' 

How  little  is  done  in  comparison  to  what  might  be 
effected !  Who  visits  our  prisons  7  Who  thinks  of 
the  poor  convict  1  When  his  trial  is  ended,  and  he  is 
consigned  to  the  sufferings  and  degradation  of  a 
prison,  all  interest  dies  away  in  the  cold  inquiry,  '  Is 
he  safely  lodged  within  the  prison  walls  7'  Then  the 
multitude  turn  away,  satisfied  if  bars,  and  bolts,  and 
chains,  guard  the  space  between  them  and  their 
brother  !  Thenceforth,  he  is  viewed  as  a  ruined  man, 
an  outcast  from  society,  and  from  human  compassion. 
Few  go  to  his  cold,  damp  cell,  to  speak  a  kind  word. 
Few  care  whether  he  comes  forth  from  his  den  a  peni- 
tent, reformed  man,  or  a  malignant  fiend,  to  scourge 
and  destroy.  And  even  if  a  feeble  voice  is  raised, 
the  cry  is,  Morbid  feeling  !  Weak  humanity  !  Sickly 
benevolence  !  '  Humanity-mongers  !'  But  let  the  cry 
be  raised.  We  are  willing  to  be  reproached.  We 
will  labor  on,  satisfied  if  we  can  but  reach  a  single 
heart,  and  bring  only  one  back  to  truth  and  virtue. 
And  while  we  labor  sincerely  and  heartily,  we  know 
we  shall  have  the  approbation  of  him  who  'went 
about  doing  good,'  and  who  said  to  the  sinner,  '  Be  of 


OBJECTIONS-  203 

good  cheer,  thy  sins  are  forgiven  thee ! '  We  close 
this  chapter  in  the  affecting  words  of  the  great  moral 
poet  of  England : 

'  My  ear  is  pained, 
My  soul  is  sick  with  every  day's  report 
Of  wrong  and  outrage,  with  which  this  earth  is  filled. 
There  is  no  flesh  in  man's  obdurate  heart ; 
It  does  not  feel  for  man.'  Cowper. 


ESSAY    VI. 

ENCOURAGEMENTS. 

Extent  of  the  proposed  reform — Punishment  of  Death  sustains 
slavery — Experiment  of  the  reform — English  philanthropists — 
Mrs.  Fry — Experiment  among  the  heathen — Executions  private — 
Suicide  of  Colt — Feelings  towards  the  executioner — Spain — Scru- 
ples of  jurors — Anecdotes — Progress  of  society — Imprisonment 
for  debt — Inefficiency  of  Capital  Punishment — Quakers — Penn — ■ 
Washingtonianism — Incident  of  Channing —  CJiristianity . 

'He  that  goeth  forth  and  weepeth,  bearing  precious  seed,  shall 
doubtless  come  again  with  rejoicing,  bringing  his  sheaves  with  him.' 

Bible. 

Encouragements  are  necessary  to  carry  forward 
every  reform.  And  the  philanthropist  will  always 
look  around  him  for  incitements  to  duty  and  action. 
And  he  has  the  right  and  the  privilege  to  call  to  his 
aid  every  encouragement  that  society  may  present  to 
animate  and  invigorate  him  in  his  efforts.  The  pres- 
ent reform  is  very  extensive  in  its  bearings  upon  the 
prosperity  of  society.  It  does  not  look  to  a  single 
state  or  territory.  It  has  no  bounds.  It  knows  noth- 
ing about  territory.  It  knows  nothing  about  sect  or 
party.  It  does  not  aim  solely  at  a  single  point;  at 
the  mere  saving  of  a  fellow-being  from  an  igno- 
minious death ;  though  this  is  accomplishing  much. 
It  takes  higher  ground.  Its  great  object  is  to  show  the 
sacredness  of  human  life;  that  no  hand  of  man  or 
angel   can   lawfully  touch   it  without   permission  of 


ENCOURAGEMENTS. 

Him  who  gave  it  existence.  And,  to  inculcate  this 
sacredness,  the  reform  begins  with  abolishing  the 
Punishment  of  Death.  Other  rights  never  will  be 
regarded  till  human  life  is  respected.  We  may  form 
our  associations ;  we  may  create  new  governments ; 
we  may  form  new  parties ;  but  never  will  any  great 
work  be  accomplished  till  society  receives  and  feels 
the  doctrine  of  the  Inviolability  of  Human  Life.  It  is 
the  doctrine  of  Capital  Punishment  that  is  the  great 
support  of  the  slave  system,  that  infernal  traffic  in 
flesh  and  blood.^  The  Punishment  of  Death  has 
been,  in  every  age,  the  weapon  ready  formed,  both  for 
the  political  and  the  spiritual  despot. 

Here  is  a  great  work  to  be  done,  a  work  as  honora- 
ble as  it  is  great;  'a  work,'  to  use  the  words  of  an 
excellent  writer,  'which  aims  at  the  renovation  of 
society,  not  by  the  inefficacious  methods  of  the  block, 
the  gallows,  and  the  guillotine ;  but  by  the  nobler 
methods  of  moral  culture ;  by  purifying  the  fountain 
of  good  and  evil  in  the  youthful  breast ;  by  planting 
the  seeds  of  knowledge  and  virtue,  which  shall  after- 
wards spring  up  and  incorporate  the  strength  of  their 
branches  and  the  beauty  of  their  flov/er  and  foliage  in 
the  mature  life  and  action  of  the  man.' 

In  closing  our  labor,  therefore,  we  feel  that  we  can- 
not do  better  than  to  present  such  encouragements 
as  society  would  seem  to  warrant.  But  it  must  be 
remembered  that  we  have  got  to  work,  and  to  work 
hard.  Prejudices  must  be  overcome ;  long-established 
customs  must  be  changed.  Even  our  very  literature 
must  be  improved.     The  arts  themselves  have  con- 


•  To  support  this  remark,  see  the  criminal  codes  of  the  slave-hold- 
ing states;  Appendix  I. 
18 


206  ENCOURAGEMENTS. 

tributed  to  strengthen  crime.  There  are  but  few 
flowers  to  cull  in  this  field;  but  little  to  please  the 
taste.  There  is  little  poetry  in  blood,  chains  and 
scaffolds.  We  have  a  stern  work  to  do  in  society; 
not  merely  to  say  to  the  state,  spare  that  man :  he  is 
my  brother ;  but  society  will  demand  that  we  bring 
him  back  a  reformed  man.  Still,  there  are  encour- 
agements, though,  as  the  Rev.  Mr.  Curtis,  chaplain  of 
the  Massachusetts  State  Prison,  remarks,  '  I  am  aware 
that  everything  which  relates  to  prisons,  and  their 
guilty  inmates,  is,  to  multitudes,  revolting;  in  them 
such  themes  create  no  interest ;  they  awaken  no  sym- 
pathy. On  all  this  moral  desert,  they  can  see  no  ver- 
dant spot.  Other  wastes  may  be  made  to  bud,  and 
blossom,  and  bear  fruit ;  but  within  the  precincts  of  a 
prison-house,  nothing  is  found  to  attract  the  eye  of 
faith,  to  enkindle  the  dawnings  of  hope,  or  call  forth 
the  aspirations  of  the  spirit.'  There  are  some,  how- 
ever, who  see,  amid  all  this  darkness,  some  light; 
amid  this  moral  waste,  hearts  that  can  be  touched, 
and  beings  bearing  the  image  of  God.  And  we  must 
work,  though  we  bring  back  but  a  single  soul  to  virtue 
and  truth. 

I.  An  encouragement  is  derived  from  the  fact  that 
the  proposed  reform  is  not  a  new  experiment.  Rome, 
Russia,  Bombay,  Belgium  and  Tuscany,  have  all  set 
before  the  world  the  results  of  abolishing  the  Punish- 
ment of  Death. ^  We  need  not  repeat  the  facts  in  this 
place.  They  prove,  beyond  all  doubt,  that  crimes 
lessen  as  laws  become  more  humane. 

In  looking  abroad,  we  derive  much  encouragement 
from  the  efforts  of  English  philanthropists.     For  sev- 

*  See  Part  I.,  Essay  VII. 


ENCOURAGEMENTS.  207 

eral  years,  there  has  been,  in  London,  a  '  Society  for 
the  Diffusion  of  Information  on  the  subject  of  Capital 
Punishment.'  This  society  has  done  an  immense 
service  to  the  cause  of  humanity.  It  has  circulated 
many  valuable  works.  And  we  have  been  much 
indebted  to  their  labors  for  many  valuable  facts.  And 
how  much  does  the  world  owe  to  the  labors  of  Mrs. 
Fry !  Language  is  utterly  inadequate  to  express  our 
own  feelings.  Her  whole  history  is  a  commentary 
upon  the  practical  influences  of  Christianity.* 

In  looking  abroad,  we  derive  encouragements  even 
from  the  movements  of  the  heathen  !  A  long  debate 
was  held  in  the  Windward  Society  Islands,  on  this 
subject.!  -^^^  even  the  Esquimaux  are  beyond  the 
civilized  world  on  this  law.J 

II.  Another  ground  of  encouragement  is,  that  hu- 
manity has  triumphed  so  far  as  to  change  the  place 
of  execution  from  the  public  gaze  to  the  jail-yard.'^ 
This  is,  in  fact,  giving  up  almost  the  entire  ground ; 
for  the  argument  always  has  been  that  we  needed  to 

*  Appendix  II. 

f  See  page  151. 

%  According  to  Sir  John  Ross,  the  crime  o{  murder  but  rarely  occurs 
among  the  Esquimaux.  When  it  does,  the  murderer's  punishment 
consists  in  being  banished  to  perpetual  solitude,  or  shunned  by  every 
individual  of  his  tribe — insomuch,  that  even  the  sight  of  him  is 
avoided  by  all  who  may  inadvertently  meet  him.  On  being  asked 
why  his  life  is  not  taken  in  return,  it  was  replied,  'that  this  would  be 
to  make  themselves  equally  bad — that  the  loss  of  his  life  would  not 
restore  the  other — and  that  he  who  should  commit  such  an  act  would 
be  equally  guilty.'  "Would  it  not  be  well  to  send  there  for  a  few  mis- 
sionaries to  enlighten  our  Christian  country?  We  hope,  after  this, 
no  one  will  say  that  a  civilized  state  of  society  cannot  exist  without 
the  law  of^ie  Punishment  of  Death. 

^  Appendix  I.  Notes  on  the  laws  of  Maine,  Massachusetts  and 
New  York. 


208  ENCOURAGEMENTS. 

have  executions  made  public  for  an  example.  During 
the  French  revolution,  when  executions  seemed  too 
slow,  Fouquier  proposed  to  put  the  guillotine  under 
cover,  that  the  victims  might  be  despatched  with  few 
spectators.  'Wilt  thou  demoralize  the  guillotine?'- 
asked  Callot,  reproachfully.  Now,  the  bloody  work 
is  to  be  done  within  the  walls  of  the  prison-yard ; 
with  a  surgeon  and  physician — to  see  if  the  man  is 
really  murdered,  we  suppose — a  spiritual  comforter,  a 
few  citizens,  and  the  relatives  of  the  prisoner.  A 
very  interesting  sight,  indeed,  for  them !  Mrs.  Child 
has  described  this  point  admirably,  in  reference  to  the 
death  of  Colt,  in  New  York.  '  We  were  to  have  had 
an  execution  yesterday;  but  the  wretched  prisoner 
avoided  it  by  suicide.  The  gallows  had  been  erected 
for  several  hours,  and,  with  a  cool  refinement  of  cru- 
elty, was  hoisted  before  the  window  of  the  condemned  ; 
the  hangman  was  all  ready  to  cut  the  cord ;  marshals 
paced  back  and  forth,  smoking  and  whistling ;  specta- 
tors were  waiting  impatiently  to  see  whether  he  would 
"  die  game."  Printed  circulars  had  been  handed 
abroad  to  summon  the  number  of  witnesses  required 
by  law :  "  You  are  respectfully  invited  to  witness  the 
execution  of  John  C.  Colt."  I  trust  some  of  them  are 
preserved  for  museums.  Specimens  should  be  kept, 
as  relics  of  a  barbarous  age,  for  succeeding  genera- 
tions to  wonder  at.  They  might  be  hung  up  in  a 
frame ;  and  the  portrait  of  a  New  Zealand  chief, 
picking  the  bones  of  an  enemy  of  his  tribe,  would  be 
an  appropriate  pendant.'  It  is  mortifying  to  think  of 
the  dense  crowd  that  assembled  at  the  place  of  execu- 
tion. One  man  went  from  New  Hampshire,  on  pur- 
pose to  witness  the  entertainment.  And  even  women 
were  there,  and  we  are  told  by  Mrs.  Child,  '  that  they 


ENCOURAGEMENTS.  209 

did  not  think  themselves  treated  with  becoming  gal- 
lantry because  tickets  of  admittance  were  denied  to 
them ! '  And  there  '  the  multitude  stood,  with  open 
watches,  and  strained  ears,  to  catch  the  sound,  and 
the  marshals  smoked  and  whistled,  and  the  hangman 
walked  up  and  down,  waiting  for  his  prey,  when,  lo ! 
word  was  brought  that  the  criminal  was  found  dead 
in  his  bed  !  He  had  asked  one  half  hour  alone  to  pre- 
pare for  his  departure ;  and  at  the  end  of  that  brief 
interval,  he  was  found  with  a  dagger  thrust  in  his 
heart !  The  tidings  were  received  with  fierce  mutter- 
ings  of  disappointed  rage ! '  It  was  a  remarkable 
coincidence  that  at  the  very  hour  of  the  death  of  the 
poor  culprit,  a  fire  broke  out  at  the  very  top  of  the 
cupola  of  the  prison.  '  The  wind  was  high,  and  the 
flames  rushed  upwards  as  if  the  angry  spirits  below 
had  escaped  on  fiery  wings.'  But  we  turn  away  from 
such  scenes,  for,  really,  they  do  not  look  very  encour- 
aging ! 

III.  Another  ground  of  encouragement  is,  that 
society  looks  even  upon  the  executioner  with  abhor- 
rence. It  was  a  singular  remark  of  one  of  the  most 
amiable  men  that  we  have  ever  met  with,  that,  '  if 
human  governments  were  all  right,  Jesus  could  hold 
any  ofiice  connected  with  them ! '  We  know  not 
that  it  is  wrong  to  bring  in  his  sacred  name  in  such  a 
connection.  A  whole  volume  is  contained  in  the 
remark.  Could  he  be  a  hangman]  But  we  leave 
the  thought  with  the  reader.  The  oflSce  of  the  hang- 
man is  a  hateful  one,  '  detestabile  caimificis  ministe- 
rkim.'  Men  scorn  to  give  him  the  right  hand  of  fel- 
lowship ;  they  flee  from  him  as  from  a  pestilence.  It 
is  not  only  so  in  a  state  of  society  like  our  own,  but 
the  same  feeling  is  found  abroad,  and  even  in  Spain, 
18* 


210  ENCOURAGEMENTS. 

where  bull  fights  are  tolerated.  The  following  ac- 
count is  given  by  that  great  philanthropist,  Mr.  Wil- 
liam Ladd.  He  said  '  that  no  man,  however  low  and 
despicable,  would  consent  to  perform  the  office  of 
hangman ;  and  whoever  should  dare  to  suggest  such 
a  thing  to  a  decent  man,  would  be  likely  to  have  his 
brains  blown  out.  This  feeling  was  so  strong,  and  so 
universal,  that  the  only  way  they  could  procure  an 
executioner,  was  to  offer  a  condemned  criminal  his  own 
life,  if  he  would  consent  to  perform  the  vile  and  hate- 
ful office  on  another.  Sometimes  executions  were  post- 
poned for  months,  because  there  was  no  condemned 
criminal  to  perform  the  office  of  hangman.  A  fee 
was  allotted  by  law  to  the  wretch  who  did  perform  it, 
but  no  one  would  run  the  risk  of  touching  his  polluted 
hand  by  giving  it  to  him;  therefore,  the  priest  threw 
the  purse  as  far  as  possible ;  the  odious  being  ran  to 
pick  it  up,  and  hastened  to  escape  from  the  shudder- 
ing execrations  of  all  who  had  known  him  as  a  hang- 
man. Even  the  poor  animal  that  carried  the  criminal 
and  his  coffin  in  a  cart  to  the  foot  of  the  gallows,  was 
an  object  of  universal  loathing.  He  was  cropped  and 
marked,  that  he  might  be  known  as  the  "hangman's 
donkey."  No  man,  however  great  his  needs,  would 
use  the  beast,  either  for  pleasure  or  labor;  and  the 
peasants  were  so  averse  to  having  him  pollute  their 
fields  with  his  footsteps,  that  when  he  was  seen 
approaching,  the  boys  hastened  to  open  the  gates,  and 
drive  him  off  with  hisses,  sticks,  and  stones."* 

IV.  Another  ground  of  encouragement  is  the   in- 


*  Letters  from  New  York.  By  L.  Maria  Child,  p.  207,  et  seq.  "We 
have  read  this  work  with  much  pleasure.  It  should  be  in  the  hands 
of  every  family. 


ENCOURAGEMENTS.  211 

creasing  difficulty  of  obtaining  jurors  to  convict  in  cases 
where  the  penahy  is  death.  And  the  same  scruples  are 
found  among  witnesses.  And  even  judges  will  com- 
promise the  dignity  of  their  office  and  the  demands  of 
strict  veracity,  under  the  impulse  of  humanity.  Num- 
berless instances  have  occurred  in  England,  where  a 
prisoner  was  brought  in  guilty  of  stealing  property 
only  to  the  value  of  thirty-nine  shillings,  when  it  actu- 
ally exceeded  that  amount,  because  death  was  the 
penalty  for  stealing  forty  shillings*  But  we  need 
not  dwell  on  this  point.     Many  persons,  who  have 

*  See  page  36,  where  will  be  found  a  variety  of  illustrations  of  this 
remark.  Facts  on  this  point  are  abundant.  The  instances  are  so 
numerous  that,  in  England,  Sir  William  Grant  said,  '  there  was  a 
confederacy  between  judges,  juries,  counsel-,  prosecutors,  witnesses 
and  advisers  of  the  crown,  to  prevent  the  execution  of  the  criminal 
laws ! '  The  following  instances  are  worthy  of  attention ;  the  first  is 
exceedingly  curious  in  its  nature.  It  is  from  Lord  Ashtown's  speech : 
'  A  man  swore,  that  going  to  bed  in  his  own  house,  he  wound  up  his 
watch,  put  it  into  his  breeches  pocket,  then  put  his  breeches  under  his 
pillow  and  went  to  sleep.  In  the  night,  a  thief  got  privately  into  the 
house,  stole  the  man's  watch,  and  was  detected  in  pawning  it.  The 
jury  found  the  thief  guilty  of  stealing,  but  not  in  the  dwelling-house. 
"  To  make  common  sense  of  this  verdict,  the  breeches  must  have  con- 
veyed themselves  out  of  the  house,  in  order  to  be  robbed ;  and  then 
taken  themselves  back  to  their  former  station,  under  the  pillow,  where 
the  owTier  swore  he  found  them."  Besides  the  absurdity  of  this  ver- 
dict, it  contains  a  duplicity  and  evasion  that  disgraces  a  court,  and 
efiectually  perjures  the  jury,  who  are  sworn  to  give  a  verdict  according 
to  the  evidence.'  We  give  one  more  :  '  A  woman,  named  Macallaster, 
about  twenty  years  ago,  was  indicted  at  the  Old  Bailey  for  stealing, 
in  a  dwelling-house,  a  ten  pound  bank  note.  The  note  was  by  itself  in  a 
box  of  no  value.  The  fact  was  clearly  proved  ;  yet  the  jury  found  her 
guilty  of  stealing  what  was  of  the  value  only  of  thirty-nine  shillings : 
thus,  twelve  men,  executing  a  most  sacred  judicial  ofiice,  declared 
before  God,  and  as  they  hoped  themselves  for  salvation,  that  a  ten 
pound  bank  note  was  worth  only  thirty-nine  shillings.'  Sir  WiLLtur 
Blackstoxk  denominates  such  cases  as  '  pious  perjuries ! ' 


212  ENCOURAGEMENlS. 

been  called  to  acj  as  jurymen,  well  remember  the 
painful  feelings  which  they  have  experienced  when 
obliged  to  decide  in  a  case  involving  life  and  death. 
There  is  a  deep  feeling  in  the  human  heart,  which 
revolts  at  the  thought  of  taking  life,  even  though  it 
may  be  from  one" whose  hands  have  been  imbrued 
with  human  blood.* 

V.  Another  ground  of  encouragement  is,  the  grad- 
ual advancement  of  society  towards  greater  purity  in 
principle  and  practice.  Science  is  extending  her 
empire.  Political  institutions  are  becoming  amelio- 
rated. Morality  and  religion  are  advancing  onward. 
There  is  a  deeper,  stronger  feeling  of  sympathy  for 
the  degraded  and  the  fallen.f     The   intellectual  sun 


*  An  instance  lately  occurred  where,  upon  sentence  of  death  being 
pronounced,  the  whole  assembly  rose,  by  a  sudden  impulse,  while  the 
judge  addressed  the  throne  of  grace  in  solemn  prayer. 

I  Perhaps  the  law  of  imprisonment  for  debt  affords  a  very  good 
criterion  to  judge  of  the  progress  of  society,  in  respect  to  the  amelio- 
ration of  penal  jurisprudence.  It  has  been  abolished  in  New  Hamp- 
shire, Vermont,  New  York,  and  Tennessee ;  and  in  Connecticut, 
where,  previous  to  1831,  a  creditor  could  confine  the  debtor  till  he  rotted, 
by  paying  his  board.  And,  in  Pennsylvania,  a  man  was  actually 
imprisoned  thirty  days  for  two  cents !  Seventy-five  thousand  freemen 
were  then  annually  deprived  of  their  liberty,  in  the  United  States,  for 
debt  alone !  The  writer  well  remembers  the  various  objections  that 
were  made  to  his  humble  efibrts,  on  this  subject,  in  the  year  1833. 
[See  Essays  on  Imprisonment  for  Debt,  by  the  Author.]  But  he  has 
lived  to  see  these  objections  gradually  give  way,  and  the  cause  of 
humanity  triumphing.  He  hopes  to  see  an  equal  progress  made  in 
the  reform  to  which  he  is  now  giving  his  feeble  efforts.  He  looks  for- 
ward to  a  time  when,  not  only  the  scaffold  will  be  removed,  but  even 
our  prisons  will  be  changed  into  hospitals  for  the  mind  and  schools  of 
instruction.  Perhaps  the  time  may  arrive  when  the  reign  of  Alfred, 
king  of  England,  will  return  again.  It  was  brought  about,  not  by 
severe  laws,  but  by  mildness,  '  Such  w^as  the  general  security  through- 
out the  country,  towards  the  conclusion  of  his  reign,  that  a  child  could 


ENCOURAGEMENTS.  213 

is  visibly  advancing  towards  its  noon.  Great  efforts 
are  making  to  diffuse  the  influence  of  religion.  "We 
live,  indeed,  in  one  of  the  most  brilliant  eras  in  human 
history.  A  flood  of  light  has  burst  in  upon  us.  We 
know  there  are  many  lamentations  over  the  happiness 
or  excellence  of  other  times ;  but  they  have  little  foun- 
dation. We  have  great  hopes  of  our  race,  and  these 
hopes  incite  us  to  new  efforts.  We  see,  we  feel — 
though  we  may,  in  the  course  of  our  labor,  have 
spoken  despondingly — that  there  is  a  perceptible  ad- 
vance in  the  community  towards  a  higher  standard  of 
morality. 

The  inefiiciency  of  Capital  Punishments  begins  to 
be  seen  and  felt.  It  has  been  tried  for  ages,  and  found 
wanting.  Its  progress  has  been  marked  with  the  most 
lamentable  consequences.  It  has  contributed  to  the 
impunity  of  the  guilty.  It  has  caused  the  destruction 
of  the  innocent.*  It  has,  in  every  age,  been  a  ready 
and  subservient  instrument  in  the  hands  of  the  op- 
pressor.f     And  its  advocates  cannot  even  say  that  it 


walk  from  one  end  to  the  other,  vith  a  purse  of  gold  around  its  neck, 
in  perfect  security.'  Many  pleasing  indications  are  already  occurring 
to  strengthen  and  animate  him  and  others  in  the  good  work.  A  fine 
story  is  told  of  the  quiet  town  of  Nantucket,  since  the  temperance 
reformation.  The  jail  had  become  empty  of  all  its  inmates  but  one, 
and  it  was  left  in  such  miserable  condition  that  even  the  key  was  lost, 
or,  as  another  version  of  the  story  is,  that  there  was  but  one  prisoner 
left.  Feeling  rather  lonesome,  and  not  being  very  comfortably  sit- 
uated withal,  we  are  told  he  sent  word  to  the  sheriff,  '  that  if  he  did 
not  see  to  repairing  the  jail,  he  should  leave  pretty  soon  himself! ' 

*  See  Part  I ,  Essay  X.,  where  a  very  thrilling  speech  from  O'Con- 
NELL  may  be  found,  in  connection  with  an  affecting  instance  of  the 
execution  of  three  innocent  brothers ! 

f  See  Part  I.,  Essay  VIII.,  where  may  be  found  many  illustrationa 
nf  this  remark. 


214  ENCOURAGEMENTS. 

has  effected  the  object  of  intimidation.  It  begins  to 
be  seen,  then,  that  a  milder  system  may  safely  be 
adopted;  at  least,  that  we  maybe  safe  in  trying  the 
experiment. 

Several  influences  have  been  at  work  to  bring  about 
a  better  condition  of  society.  Among  these  influences, 
we  should,  in  justice,  place  the  principles  of  the  Qua- 
kers. The  community  have  seen  a  whole  denomina- 
tion living  in  peace  and  quietness,  who  have  protested 
against  the  Punishment  of  Death.  True,  they  have 
not  accomplished  so  much  as  we  could  have  wished. 
They  have  protested  against  the  law  as  unchristian, 
but  they  have  done  little  towards  bringing  into  clear 
light,  and  sending  forth  with  new  power,  the  spirit  to 
which  the  law  must  yield.  =*  Cutting  themselves  off", 
by  outward  peculiarities,  from  the  community ;  seclu- 
ding themselves  from  ordinary  intercourse,  through 
fear  of  moral  infection ;  living  almost  as  a  separate 
race,  they  have  been  little  felt  in  society,  they  have 
done  little  to  awaken  that  deep  religious  interest  in 
man  as  man,  that  sensibility  to  his  rights,  that  hatred 
of  all  wrong,  that  thirst  for  the  elevation  of  every 
human  being,  in  which  Christian  love  finds  its  truest 
manifestation.  In  fact,  every  sect  is  too  much  imbued 
with  the  spirit  of  sects,  and  too  exclusive  to  under- 

*  It  is  a  singular  fact,  that  even  in  the  colony  of  William  Penn, 
murder  was  a  capital  offence,  though  he  had  great  light,  considering 
the  age  in  which  he  Uved.  The  following  was  the  statute  :  '  Murder, 
wilful  and  premeditated,  is  the  only  crime  for  which  the  infliction  of 
death  is  prescribed,  and  this  is  declared  to  be  enacted  in  obedience  to 
the  law  of  God,  as  though  there  had  not  been  any  political  necessity 
even  for  this  punishment,  apparent  to  the  legislature.'  Bradford, 
p.  16.  See  a  very  able  work,  entitled, '  Observations  on  Penal  Juris 
prudence  and  the  Reformation  of  Criminals.'  By  "William  RoscoS; 
Esq.,  p.  84.     London  :  1819. 


ENCOURAGEMENTS.  216 

Stand  or  spread  the  true  spirit  of  human  brotherhood. 
We  have  all  been  blind  to  the  dignity  and  the  value 
of  human  nature.  We  have  not  realized  the  worth  of 
man.  Oh  !  could  we  but  see  that  all  are  the  children 
of  one  common  Father,  what  a  love  and  sympathy- 
would  fill  every  heart ! 

VI.  Another  ground  of  encouragement  may  be 
derived  from  the  Washingtonian  movement.  A  little 
more  than  two  years  ago,  six  men  commenced  this  great 
moral  revolution.  It  is  a  startling  illustration  of  the 
power  of  truth.  It  commenced  at  a  time  when  the 
friends  of  temperance  had  almost  despaired ;  when, 
indeed,  the  community  had  settled  down  upon  the 
doctrine  that  there  was  no  hope  for  the  confirmed 
drunkard ;  that  something,  it  is  true,  might  be  done  to 
secure  the  rising  generation.  In  the  midst  of  this 
darkness,  light  came  from  heaven,  and  from  a  quarter 
where  the  world  had  never  looked.  And  so  it  has 
been  in  every  age.  '  For  the  wisdom  of  this  world  is 
foolishness  with  God.'  It  is  'a  cloud  by  day  and  a 
pillar  of  fire  by  night.'  And,  as  ages  roll  on,  the  great 
principle,  which  this  moral  revolution  has  developed, 
will  be  extended  till  every  prison  is  thrown  open,  and 
every  criminal  reformed.  In  this  mighty  work,  we 
have  not  seen  the  literal  dead  arise,  the  cold,  inani- 
mate clay  start  into  life,  but  we  have  seen  more.  We 
have  seen  the  cold  heart,  that  had  remained  untouched 
by  all  the  influences  of  parental  kindness,  by  all  the 
pleadings  of  a  tender  wife,  by  all  the  cries  of  affec- 
tionate and  starving  children,  moved  and  made  to 
respond  to  the  pleadmgs  of  the  Washingtonian. 
And  what  a  lesson  does  this  movement  teach  the 
world !      What    room    does    it   give  for    hope    and 


216  ENCOURAGEMENTS. 

faith.*  We  cannot  refrain  from  closing  this  part  of 
our  subject  with  the  beautiful,  touching  language  of 
the  Rev.  Mr.  Peabody,  of  Portsmouth,  in  one  of 
the  best  sermons  we  have  seen  upon  this  subject : 
'  Here  is  indeed  a  stone  cut  out  of  the  mountain  with- 
out hands.  It  is  at  the  very  moment,  when  the  cause 
of  temperance  has  sustained  several  serious  checks 
and  revulsions,  and  its  friends  and  leaders  feel  them- 
selves peculiarly  lame  in  counsel,  and  embarrassed  in 
effort ;  when,  in  some  communities,  all  exertions  are 
suspended,  and,  in  others,  conducted  languidly  and 
despondingly ;  when  there  is  hardly  a  ray  of  promise, 
and  the  enemies  of  the  cause  are  rejoicing  over  its 
decline.  Least  of  all,  is  there  hope  among  the 
wretched  inebriates  themselves.  As  well  may  we 
expect  to  see  the  paralytic  take  his  own  bed  and 
walk,  as  to  see  these  men  standing  erect  among  their 
fellows,  and  saying,  "  We  too  are  men."  And  is  it 
in  their  own  strength  that  these  men  arise  and  stand  1 
I  solemnly  believe  not.  The  finger  of  God  is  ,here. 
It  is  a  moral  pentecost  of  his  own  sending,  sent  too  at 


*  The  far-reaching  mind  of  Channing  saw,  before  his  death,  that 
the  same  principle  which  was  adopted  in  the  temperance  movement, 
might  be  applied  to  criminals.  The  following  incident,  which  he 
related  to  the  writer,  on  a  visit  to  him,  may  not  be  uninteresting  : 
'Last  evening,'  said  Dr.  Channing,  'Capt.  H*******,  the  president  of 
the  Washingtonian  society,  was  here,  relating  to  me  the  instances  of 
the  power  of  kindness  upon  the  intemperate.'  I  asked  him  'if  the 
same  principle  could  not  be  applied  to  other  forms  of  crime.'  He 
replied,  'that  he  thought  the  circumstances  were  very  different; 
that  should  the  robber  and  the  murderer  relate  their  experience,  they 
would  be  prosecuted  at  once.'  May  we  not  live  to  see  converted 
thieves  and  murderers  bringing  back  the  degraded  and  the  forsaken  of 
their  own  cast  to  truth  and  virtue  ? 


ENCOURAGEMENTS.  217 

the  moment  when  the  wisest  counsel  was  baffled,  and 
the  most  ardent  philanthropy  discouraged,  that  the 
glory  may  be  his.  I  look  back  upon  that  period  with 
a  sort  of  religious  awe.  I  believe  that,  while  God  is 
not  far  from  any  one  of  us,  there  are  times  and  ways, 
in  which  his  spirit  moves  over  the  great  heart  of  a 
nation,  and  this  is  one  of  them.' 

YII.  But  Christianity  affords  the  greatest  encourage- 
hient.  Its  predictions  are  glorious.  It  looks  forward 
to  a  time  when  men  of  every  tribe  and  language  will 
unite  in  one  holy  and  harmonious  society;  when 
'  violence  shall  no  more  be  heard  in  the  land ;'  when 
'  the  knowledge  of  the  Lord  shall  cover  the  earth ;' 
when  '  the  wolf  shall  dwell  with  the  lamb,  and  the 
leopard  shall  lie  down  with  the  kid,  and  the  calf  and 
the  young  lion  and  the  falling  together,  and  a  little 
child  shall  lead  them.'  Then  'judgment  shall  dwell 
in  the  wilderness,  and  righteousness  in  the  fruitful 
field,  and  the  work  of  righteousness  shall  be  peace, 
and  the  effect  of  righteousness  quietness  and  assur- 
ance forever ;  and  all  people  shall  dwell  in  peaceable 
habitations,  and  in  sure  dwellings,  and  in  quiet  rest- 
ing places.' 

19 


APPENDIX. 


No.    I. 

CAPITAL  OFFENCES  IN  THE   CODE  OF  THE  UNION  AND 
THE  SEVERAL  STATES. 

We  have  procured  the  number  of  capital  offences  in  the  code  of 
the  Union,  and  the  several  states.  We  were  kindly  permitted 
access  to  the  State  Library,  and  also  to  the  Social  Law  Library. 
We  feel  that  we  ought  to  express  our  thanks  to  Geo.  Bemis,  Esq., 
of  this  city.  He  has  gone  over  the  Criminal  Law  and  prepared  a 
view  of  the  various  criminal  offences  in  the  several  states.  His 
labors  are  invaluable,  especially  if  we  should  wish  to  take  a  general 
view  of  crimes  and  punishments,  as  they  exist  in  this  country. 
But  it  should  be  remembered  that,  here,  accuracy  is  unattainable, 
more  especially  in  respect  to  the  slave-holding  states.  There  is  a 
great  want  of  system  in  their  criminal  code,  and  a  great  backward- 
ness in  regard  to  revision.  Then  the  distinction  between  '  per- 
sons' and  '  slaves'  is  very  perplexing,  especially  to  one  unac- 
customed to  the  intricacy  of  the  law.  But  we  have  done  what  we 
could,  and  we  should  be  grateful  for  any  correction.  Careful  inqui- 
ry will  be  made,  and  should  the  present  work  pass  through  any 
number  of  editions,  corrections  wiU  be  made.  But  human  laws 
are  fleeting  and  changeable.  Even  while  we  write,  changes  are 
made ;  while  we  are  penning  these  very  remarks,  some  Legislature 
maybe  changing,  or  modifying  essentially,  some  very  important  law. 
We  believe  the  present  view  may  lead  to  many  reflections,  and  per- 
haps to  important  results. 


220  CAPITAL  OFFENCES  IN 


CODE  OF  THE  UNION." 
Gordon's  Digest,  1835. 

Treason. 

Murder. 

Arson  ;  dwelling-house  or  other  buildings. 

Rape  on  the  seas. 

Robbing  mail,  second  time. 

Forgery ;  as  passing  counterfeit  certificates  or  other  public  secn- 
rity. 

Piracy ;  one  species,  slave-trade. 

Confining  slaves  on  shipboard,  or  offering  them  for  sale. 

Robbery  on  the  high  seas. 

Setting  fire  to  ship  of  vpar. 

Burning  ships  of  private  property  for  the  purpose  of  defrauding 
underwriters. 


CAPITAL  OFFENCES  IN  ALL  THE  SEVERAL  STATES. 

Maine.''    Law  of  1842. 
Treason. 
Murder. 


"  The  reader  who  is  unaccustomed  to  our  laws,  must  remember  that  there 
is  a  code  for  the  Union,  and  also  a  code  for  the  several  states.  Some  discus- 
sion has  ensued  respecting  treason,  whether  there  could  be  any  against  a 
state  without  being  against  the  Union  itself.  We  suppose  the  laws  against 
treason  would  not  apply  to  a  slave,  it  being  political  in  its  character.  We 
would  like  to  know  how  one  could  commit  treason  against  a  government  of 
which  he  was  not  recognised  as  a  member !  To  those  who  may  feel  any 
interest  on  that  point,  we  refer  them  to  p.  94,  where  we  have  enlarged  on 
the  great  fact,  that  should  ever  be  borne  m  mind,  of  the  danger  to  political 
and  religious  liberty,  so  long  as  the  law  of  the  Punishment  of  Death  exists. 
It  may  be  safely  laid  down  as  a  true  position,  that  the  very  punishment  of 
treason  would  be  likely  to  increase  the  evil.  It  would  probably  operate  as 
the  law  generally  does,  to  make  its  own  victims.  'Look,'  said  the  execu- 
tioner to  an  aged  Irishman,  showing  him  the  bleeding  head  of  a  man  just 
executed  for  rebellion,  'look  at  the  head  of  your  son.'  'My  son,'  replied 
he,  '  has  more  than  one  head  !' 

It  will  be  seen  that  the  code  of  the  Union  punishes  capitally  the  confining 
of  slaves  on  thiphoard  or  ojfcring  them  for  sale. 

b  The  following  is  the  law  in  Maine.— No  person,  sentenced  to  death,  is  to 
be  executed  under  one  year,  nor  then,  tUl  the  whole  record  of  his  conviction 
and  sentence  shall  lie  certified  by  the  clerk,  under  the  seal  of  the  court,  to 
the  Executive  (governor)  of  the  state,  nor  until  a  warrant  shall  be  issued 
by  said  executive  authority,  under  seal  of  the  state,  directed  to  the  sherifi^ 
commanding  him  to  cause  the  sentence  of  death  to  be  executed  by  hanging 
the  offender  bv  the  neck,  within  the  walls  or  enclosure  of  the  Slate  Prison  in 
Thomaston.  The  sheritf  (unless  sick)  shall  be  present  at  execution,  with  two 
of  his  deputies.  He  shall  request  the  attendance  of  the  county  attorney  and 
twelve  citizens,  including  a  surgeon  and  physician  to  be  present ;  and  shall 
permit  the  prisoner's  counsel,  such  minister  of  the  gospel  as  the  prisoner 


THE  UNITED  STATES.  221 

Nkw  Hampshire."    Law  of  1842. 

Murder. 

Vermont."*    Law  of  1839. 
Treason. 
Murder. 

Massachusetts."    Law  of  l^Z. 
Treason. 
Murder. 
Arson.     Rape. 

desires,  and  his  relations,  to  be  present,  and  such  other  officer  or  guard  as 
he  may  see  fit  to  employ.—  Doubts  exist  about  the  power  of  the  Executive. 

In  a  late  journey  m  Maine,  (1843,)  we  visited  Thorn,  now  under  sentence 
of  death.  He  did  not  believe,  himself,  that  the  execution  would  ever  take 
place.  Such  we  found  to  be  the  general  impression.  The  public  are  much 
indebted  there  to  the  labors  of  Professor  Upham,  of  Bowdoin  College,  a 
man  eminent  for  his  learning  and  talents,  and  for  his  great  moral  worth. 
His  work  on  Peace  contains  many  cogent  arguments,  written  in  a  beautiful 
style. 

•=  Executions  are  private.  The  manner  is  similar  to  that  of  Maine.  The 
law  was  abolished  in  the  House  in  1843,  but  lost  in  the  Senate. 

<J  One  year,  at  least,  must  elapse  between  the  sentence  and  execution,  and 
then  it  is  supposed  it  cannot  take  place  without  a  warrant  from  the  Execu- 
tive. The  law,  though  thought  to  be  abolished,  is  certainly  nominally 
retained,  or  it  will  be  seen  that  since  the  modification  in  1842,  a  man  has 
been  convicted  of  the  murder  of  his  wife.     We  present  the  sentence  itself: 

'  It  is  the  judgment  of  this  court  that  for  this  ofience  you  sufier  death  by 
hanging,  to  be  executed  upon  you  as  soon  as  may  be  in  due  course  of  law, 
after  the  expiration  of  one  year  from  this  iXst  day  of  April,  1843;  and,  in 
the  mean  time,  and  until  the  Punishment  of  Death  shall  be  inflicted  upon 
you,  you  will  be  forthwith  committed  to  solitary  confinement  in  the  state 
prison  at  Windsor,  in  the  county  of  Windsor.' 

« Our  ancestors  looked  for  precedents  in  the  Jewish  code,  and  punished 
breaches  of  the  first  and  second  commandments,  witchcraft,  blasphemy,  even 
in  Pagan  Indians,  cursing  a  parent,  ravishing  a  maid,  but  not  a  married 
woman,  &c.  (See  whole  code,  p.  159.)  Several  able  reports  have  been 
made  in  the  years  1831,  1836,  1837  and  1843.  We  believe  that  in  every 
efibrt  the  substitute  has  been  imprisonment  for  life.  The  present  state  of  the 
public  mind  seems  to  make  that  demand.  Among  the  opposers  of  reform 
on  this  subject,  maybe  found  Rev.  Charles  Hudson,  a  member  of  the 
Senate  in  1837.  He  urged  against  the  abstract  argument  of  taking  life, 
that  by  the  same  reasoning  we  had  no  right  to  abridge  human  liberty.  The 
point  is  well  worthy  the  attention  of  legislators.  Centuries  rnay  elapse 
liefore  that  is  definitely  settled.  The  public  are  greatly  indebted  to  the 
labors  of  Robert  Rantoul,  Esq.  Both  he  and  his  father  have  been  for 
years  the  unflinching  advocates  of  reform  in  this  law.  We  cannot  speak 
too  warmly  of  the  labors  of  Mr.  Rantoul.  His  able  Reports  have  done 
much  both  here  and  abroad.  He  has  been  indefatigable  in  his  labors,  both 
through  good  and  through  evil  report.  The  friends  of  the  proposed  reform 
must  ever  feel  largely  indebted  to  him  for  his  zeal  in  the  cause  of  humanity. 

Much  has  been  gained.  Executions  are  private.  It  was  recommended, 
in  1832,  to  have  a  black  fl^  raised  over  the  place  of  execution  !  A  very 
appropriate  emblem. 

Since  writing  the  above,  we  have  learned  from  the  Hon.  Mr.  Robinson, 

19* 


222  CAPITAL  OFFENCES  IN 

Rhode  Island/    Law  of  1838. 


Murder. 
Arson. 


Treason. 
Murder. 


Connecticut.*    Law  of  1839. 


New  York.''     O'Sullivan's  Report,  1841. 
Treason. 
Murder. 
Arson  in  first  degree. 

New  Jersey.     Elmer'' s  Digest,  1838. 

Treason. 

Murder,  first  degree. 

Pennsylvania.'     Law  of  1837. 
Murder,  in  first  degree. 


president  of  the  Senate,  that  the  motion  to  abolish  Capital  Punishment 
passed  through  the  Senate  in  the  last  session,  1S43,  but  was  lost  in  the 
House.     The  record  of  the  House  stands,  nays  108,  yeas  58. 

f  We  have  already  noticed,  on  page  94,  the  very  singular  fact  that  treason 
■was  not  a  capital  offence  in  this  state,  but  that,  by  a  singular  providence,  it 
was  meiinly  done  away  by  Mr.  Dorr  nimself,  before  the  late  movement  was 
thought  of,  in  regard  to  a  change  of  government  in  that  state.  See  EssaT 
VIII.,  entitled  '  Dangerous  to  Liberty.' 

Probably  treason  would  be  considered  a  crime  at  common  law,  in  all  the 
states  in  which  there  is  no  statute  upon  the  subject.  This  would  be  hang- 
ing a  man  by  implication  !  It  is  understood,  however,  to  be  the  opinion  of 
John  Q,.  Adams,  that  there  can  be  no  treason  against  a  state  under  the  fed- 
eral law. 

s  The  public  mind,  to  use  a  vulgar  phrase,  seems  to  be  in  a  singular  Jii; 
in  this  state.  During  a  journey  there,  in  1842,  a  gentleman  of  great  intelli- 
gence remarked  that  the  people  in  that  state  dare  not  do  two  things.  First, 
they  did  not  dare  to  abolish  Capital  Punishment.  Second,  they  did  not  dare  to 
put  the  law  into  execution.  As  the  power  lies  in  the  Legislature,  (instead 
of  the  Governor,  as  in  Massachusetts,)  the  court  was  always  sure  to  pass 
sentence  so  that  it  could  not  take  place  till  after  the  meeting  of  that  body, 
and  then  the  friends  would  urge  their  petitions  for  commutation. 

h  Executions  are  private  in  this  state.  Whoever  has  read  the  Letters  from 
New  York,  written  by  Mrs.  Child,  will  remember  how  graphically  she  de- 
scribes the  circumstances  connected  Avith  the  late  intended  execution  of 
John  C.  Colt.     See  Part  II.  Essay  VI. 

The  friends  of  the  proposed  reform  are  much  indebted  to  J.  O'Suluvan, 
Esq.,  of  this  state,  for  one  of  the  ablest  reports  ever  published;  one  that 
should  be  in  the  hands  of  every  legislator. 

'  Two  facts  are  worthy  of  notice  here.    Treason  is  punished, 'first  ofiende, 

six  years.     Capital  Punishment  was  at  one  time  abolished. 


THE  'UNITED  STATES.  223 

DsLAWARE.     Law  of  1829. 
Treason. 
Murder. 
Rape. 
Burglary. 
Arson. 

Maryland.'     Borsey's  Collection,  1840. 
Treason,  death,  or  six  to  twenty  years'  imprisonment. 
Murder,  death,  or  penitentiary  for  life. 

Burning  mills  or  bam,  death,  or  three  to  twelve  years'  imprison* 
ment. 

Rape,  death,  or  one  to  twenty-one  years'  confinement. 

Virginia.^ 

North  Carolina.'    Revised  Statutes,  1837. 
Murder. 
Rape. 

Arson. 

Mayhem. 

Burglary. 

Highway  robbery,  without  benefit  of  clergy. 

Forgery,  second  ofience. 

Horse-stealing,  with  benefit  of  clergy. 

Slave-stealing. 

Sodomy. 

Buggery. 

Bigamy,  with  benefit  of  clergy. 

Duelling,  if  death  ensues. 

Crime  against  nature. 

Burning  a  public  building. 

Accessaries. 

Assault,  with  intent  to  kill. 

Assault,  second  offence. 

Circulating  seditious  publications  among  slaves,  second  offence, 
without  benefit  of  clergy. 

Free  person  aiding  in  a  conspiracy,  without  benefit  of  clergy. 

Slave  returning  after  transportation,  without  benefit  of  clergy. 

Taking  a  free  negro  or  person  of  mixed  blood  out  of  state,  with 
intention  to  sell,  without  benefit  of  clergy. 

]  See  Remarks  at  the  end  of  the  codes. 

■■  See  Remarks,  p.  227,  and  Tables  following. 

•  No  provision  is  made  for  treason  in  this  state,  though  we  suppose  it  would 
be  considered  here  as  crime  at  common  law.  (See  opinion  of  J.  Q.  Adams, 
under  note  on  Rhode  Island.)  The  old  superstitious  law  of  the  benefit  of 
clergy,  which  we  have  explained  in  a  note  at  the  conclusion,  is  still  retadned 
in  two  crimes — horse-stealing  and  bigamy.  Whether  it  was  thought  that 
the  clergy  were  more  likely  to  steal  horses,  and  have  more  than  one  wife,  or 
whether  they  meant  to  grant  impunity  to  them,  we  leave  the  reader  to  imag- 


224  CAPITAL  OFFENCES  IN 

South  Carolina.™    Brevard's  Digest,  1814.    McCord's  Statutes, 

1838. 
Forgery. 

Horse-stealing,  second  time. 
Duelling,  if  death  ensues. 

Georgia."    Prince's  Digest,  1837. 

Treason,  first  degree. 

Murder. 

Circulating  insurrectionary  papers,  either  by  a  white,  a  negro, 
mustizzo,  or  free  person. 

Rape  on  a  free  white  female,  if  a  slave. 

Assaulting  free  white  female  with  intent  to  murder,  if  a  slave. 

Burglary  or  arson  of  any  description  contained  in  penal  code  of 
state,  if  a  slave. 

Murder  of  a  slave  or  free  person  of  color,  if  a  slave. 

Alabama."     Clay's  Digest,  1843. 
Crimes  punishable  with  death,  when  committed  by  slaves. 
Insurrection  or  rebellion  against  the  white  inhabitants. 

ine.  It  might  not  be  very  inconvenient  to  commit  both  crimes  at  the  same 
time.  It  is  rather  singular  that  slave-stealing  should  be  considered  capital 
in  a  slaveholding  state.  We  suppose  this  is  not  intended  to  apply  to  slave- 
holding.  Killing  a  slave  is  also  considered  only  as  homicide,  to  which  no 
penalty  is  annexed.  Great  care  has  been  taken  to  prevent  the  circulation 
of  seditious  publications.  It  is  said  that  in  the  preamble  to  the  law,  even 
the  alphabet  is  calculated  to  excite  dissatisfaction.  We  suppose,  as  Mrs. 
Child  says,  it  is  because  '  freedom'  can  be  spelt  out  of  it.  But  we  cannot 
pursue  this  strain  of  remark,  our  business  being  rather  to  present  the  codes 
than  their  peculiarities. 

">  It  has  been  found  difficult  to  get  a  correct  view  of  the  various  capital 
offences  in  this  state.  The  state  is  still  governed  by  the  old  common  law  of 
England,  which  has  remained  unimproved  by  modern  legislation.  For 
instance,  perjury  is  punished  by  a  law  of  1562;  rape  by  a  law  of  1285; 
mayhem  by  a  law  of  1403  and  1670. 

We  suppose  it  will  not  be  said  that  these  laws  were  made  in  consequence 
of  the  movements  of  modem  abolitionists !  Would  it  be  incendiary  at  the 
south  to  circulate  their  own  laws  ? 

A  storekeeper  in  South  Carolina  was  nearly  ruined  by  having  uncon- 
sciously imported  certain  printed  handkerchiefs. 

n  We  find  here  that  legislation  has  been  employed  to  keep  out  incendiary 
publications,  and  the  usual  distinction  made  between  '  persons'  and 
'  slaves,'  in  regard  to  the  penalty ;  yet  the  poor  slave  is  not  permitted  to 
read  the  very  law  by  which  he  is  condemned.  Even  to  learn  him  to  read 
or  write,  is  said  to  be  a  fine  not  exceeding  five  hundred  dollars.  Very  con- 
sistent legislation,  to  doom  a  large  portion  of  the  community  to  ignorance, 
and  then  put  them  to  death  for  it ! 

It  is  a  sin^ilar  fact  in  tliis  state,  that  the  prisoner  has  to  pay  for  his  own 
execution,  if  his  estate  be  not  insolvent.  Whether  (if  the  remark  is  not 
impious)  he  has  a  right  to  make  liis  own  bargain  or  not,  we  cannot  learn. 
We  suppose  the  price  of  hanging  varies  in  different  states.  The  price  for 
murdering  a  man,  in  the  enlightened,  humane  state  of  Massachusetts,  oa 
the  gallows,  for  one  or  more,  is  TWENTY  DOLLARS ! 

"A  distinction  is  made  between  persons  and  slaves.     Legislation  is  rather 


THE  UNITED  STATES.  2I2& 

Murder,  or  attempt  to  kill  any  white  person. 

Rape,  or  attempt  to  commit,  if  a  slave,  free  negro  or  mulatto. 

Burglary. 

Arson. 

Accessary  to  any  of  the  above  crimes  may  be  deemed  principal. 

Crimes  punished  with  imprisonment  when  committed  by  whites. 

Manslaughter,  first  degree,  two  to  ten  years'  imprisonment  in 
penitentiary. 

Rape,  penitentiary  for  life. 

Selling  or  buying  any  free  person  for  a  slave,  knowing  him  to  be 
free,  penitentiary  not  less  than  ten  years. 

Slave  dying  under  correction,  where  no  intention  to  kill,  not  less 
than  ten  years  in  penitentiary. 

Burglary,  imprisonment  in  penitentiary  three  to  fifty  years. 

Arson,  first  degree,  imprisonment  in  penitentiary  not  less  than 
fourteen  years. 

Encouraging  insurrection,  by  any  free  person,  death  or  peniten- 
tiary for  life. 

Circulating  any  writing,  drawing,  &c.,  or  books  to  excite  discon- 
tent, penitentiary  not  less  than  ten  years. 

Mississippi.      Law  of  1839. 
Murder. 

Duelling,  where  death  ensues  within  the  state.  Principal  and 
second. 

Louisiana. P    Bicllard  4"  Curry^s  Digest,  1841. 
Murder. 
Rape. 
Arson. 
Burglary. 

Assault  with  a  dangerous  weapon. 
Poisoning. 

a  perplexing  business  at  the  south,  on  this  account.  It  is  convenient  some- 
times, to  recog-nise  the  slave  as  a  man  ;  at  other  times,  '  a  personal  chattel.^ 
In  the  one  case  he  is  a  subject  of  law ;  in  the  other,  his  master  may  sue  for 
damages  or  sell  him  as  one  of  his  cattle.  As  '  a  personal  chattel,'  he  cannot 
testify  in  court  against  any  white  man,  nor  form  any  contracts.  But  we 
cannot  carry  out  the  comparison.  The  laws  themselves  present  a  faithful 
exposition  of  the  feelings  and  views  of  slaveholders.  We  may  find  laws 
better  than  a  people,  but  we  seldom  find  the  people  better  than  their  laws. 
Five  crimes  are  punished  with  death  here,  when  committed  by  slaves,  while 
not  one  is  capital  when  committed  by  the  whites.  The  manslaughter  of  a 
slave  by  a  slave,  or  free  negro,  is  punished  by  thirtv-nine  stripes  or  less,  or 
branding  in  the  hand.  How  carefully  the  life  of  the  ^personal  chattel'  is 
guarded.  Thirty-nine  strij)es  if  a  slave  kill  a  slave ;  but  death  if  the  same 
slave  kill  his  master.  Death  or  imprisonment  is  the  law  here  against  the 
circulation  of  incendiary  publications  by  a  white,  certain  death  if  a  slave. 

p  We  find  no  law  against  treason  in  tliis  state.  It  is  death  in  the  corle  of 
the  Union,  and  in  every  state  where  any  provision  is  made,  except_  Pennsyl- 
vania and  Delaware.  It  is  rathei  a  complex  question,  we  believe,  with 
politicians,  whether  there  could  be  treason  against  a  slate  and  not  against 


226  CAPITAL  OFFENCES  IN 

Writings  of  a  seditious  nature. 
Killing  in  a  duel. 

Arkansas.      Revised  Statutes,  1836. 
Treason. 
Murder. 
Sodomy. 

Tennessee.      Caruther's  and  Nichohon's  Collection,  1836. 
Murder,  first  degree. 

Kentdcky.      Morehead  4"  Brown's  Digest,  1834. 
Treason,  six  to  twelve  years'  confinement. 
Murder. 
Arson  of  the  penitentiary. 

Ohio.     Revised  Code,  1831. 
Murder,  first  degree. 

Michigan.      Revised  Statutes,  1838. 
Treason. 
Murder,  first  degree. 

Indiana.      Revised  Statutes,  1838. 


Treason. 
Murder. 

Treason. 
Murder. 


Illinois.      Revised  Statutes,  1833. 


Missouri.      Revised  Statutes,  1835. 

Treason. 

Murder,  first  degree. 

Exciting  insurrection  among  slaves,  free  blacks,  or  mulattoes. 

Rape,  by  castration,  if  committed  by  negro,  mulatto,  or  free 
colored  person. 

District  of  Columbia. 

This  portion  of  territory  is  governed  by  the  laws  of  Maryland  and 
Virginia,  both  having  ceded  a  portion  of  their  territory.  Congress, 
however,  has  passed  laws  relating  to  slavery  at  different  periods. 

the  general  government.  For  some  remarks  touching  this  point,  see  Essay 
VIII.  p.  83,  and  a  remark  of  John  Q.  Adam.s,  in  the  note  on  Rhode  Island,  in 
these  notes. 

Mr.  Livingston's  code  was  never  adopted  in  Louisiana.  It  excluded  the 
punishment  of  death.  We  cannot  mention  his  name  without  emotions  of 
pleasure.  Possessing  a  mind  of  great  energy,  a  retentive  memory  and  a 
hriUiant  imagination,  he  soon  rose  to  distinction  in  the  profession  of  the 
law.  He  early  and  zealously  advocated  an  amelioration  in  the  penal  juns- 
prudence  of  his  country,  especially  in  regard  to  the  punishment  of  death. 
His  writings  display  uncommon  vigor,  keenness  and  refinement.  His  merits 
may  well  claim  for  him  one  of  the  most  distinguished  places  in  the  annajs 
ol'  philanthropy.  When  he  raised  his  voice,  but  few  had  thoii^ht  of  our 
blood-stained  code,  or  of  the  awful  desolation  of  the  gibbet,  ms  writings 
have  tended  to  enlighten  many  minds,  and  they  will  continue  to  have  their 
influence  till  the  law  of  blood  shall  no  longer  stain  our  statutes. 


THE  UNITED  STATES.  227 

VIRGINIA. 

We  have  found  no  thorough  revision  since  1819.  There  have  been  some 
modifications.  The  tables  were  carefully  prepared  by  Judge  Stroud,  in  his 
Sketch  of  the  Slave  Laws  in  1827.  We  hope  that  alterations  have  been 
made,  for  the  honor  of  the  state.  Should  it  be  so,  it  will  show  tis  slavery 
as  it  was.  It  presents  indeed  a  black  catalogue.  It  shows  how  much  blood 
it  tJikes  to  preserve  the  '  patriarchal  institution,'  '  the  comer-stone  of  our 
republic'  Only  five  crimes  are  punished  with  death  when  committed  by 
whites,  and  among  these  is  duelling.  The  negroes  never  descend  so  low 
as  that.  At  least,  we  have  never  heard  of  a  negro  duel.  It  would  be  some- 
thing new  in  the  annals  of  crime.  The  blacks  probably  leave  that  for  their 
enlightened  Christian  masters.  Adultery,  according  to  the  law,  is  punished 
with  a  fine  of  twenty  dollars,  while  setting  fire  to  a  bridge  of  the  value  of 
one  hundred  dollars,  by  a  slave,  is  death.  How  humane !  How  carefully 
morals  must  be  guarded  in  Virginia !  Really,  with  such  a  code,  we  should 
feel,  were  we  an  inhabitant  of  this  state,  that  we  were  sleeping  upon  a  rock- 
ing volcano. 

For  the  better  understanding  of  this  code,  we  present  Judge  Sthoud'b 
explanation : 

'  The  reader  will  bear  in  mind,  that  the  numeral  sigTis  prefixed  to  the 
crimes  named  in  the  first  colmnn  of  this  table,  [see  table,]  are  not  designed 
to  convey  the  idea,  that  they  are  severally  exponents  of  one  crime  only  ; 
but  are  used,  in  connection  with  similar  numeral  signs,  occupying  similar 
places  in  the  second  and  third  columns  of  the  table,  merely  as  a  convenient 
means  of  indicating  the  correspondence  of  the  crimes,  and  their  specific  pun- 
ishments. So  far  from  having  the  former  signification,  it  will  be  found  that 
the  table  comprises  at  least  71  crimes  for  which  slaves  are  capitally 
punished,  though  in  none  of  these  are  whites  pimished  in  a  manner  more 
severe  than  imprisonment  in  the  penitentiary.  Thus,  No.  3  contains  at  least 
FIVE  crimes;  No.11,two;  No.  13,  at  least  tovr;  No.  14,  at  least  thivlty  ; 
No.  15,  at  least  five  ;  No.  16,  at  least  twelve.' 

P.  S.  Since  writing  the  above,  we  have  learned  that,  by  a  law  of  Mjirch, 
1824,  persons  convicted  of  any  ofience,  which  by  any  existing  law  would 
subject  them  to  imprisonment  for  life  in  the  penitentiary,  are  to  be  punished 
with  death  by  hanging.  This  is  what  we  might  call  a  retrograde  improve- 
ment. 

March  12, 1834,  a  committee  was  appointed  to  revise  the  Criminal  Code, 
and  to  report  on  the  expediency  of  abolishing  the  Punishment  of  Death. 


228 


CAPITAL  OFFENCES  IN 


THE  UNITED  STATES.  229 


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CAPITAL  OFFENCES  IN 


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THE  UNITED  STATES.  231 


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232  CAPITAL  OFFENCES  IN 

REMARKS  ON  THE  PHRASE    'WITHOUT  BENEFIT  OF 
CLERGY.' 

The  phrase  '  withxmt  benefit  of  der^y,'  is  very  generally  misapprehended. 
It  is  supposed  to  mean  that  the  culpnt  was  to  be  deprived  of  the  attendance 
of  a  spiritual  guide  in  his  last  moments.  Blackstone  says  it  meant 
'  exemption  of  the  persons  of  clergymen  from  criminal  process  before  the 
secular  judge  in  a  few  particular  cases.'  This  was  the  true  and  original 
meaning  of  the  '  privileffium  dei-icale.'  As  clergymen  increased  in  wealth, 
power,  honor,  number,  and  interest,  they  took  advantage  of  the  exemption. 
The  test  oriainally  was,  that  no  one  should  be  admitted  to  the  privilege  but 
such  as  had  the  hdbitum  et  tonsuram  dericale^n.  But  afterward,  another 
criterion  was  established.  Every  one  that  could  read  was  accounted  a 
clerk  or  dericus.  But  when  the  art  of  printing  was  discovered  in  the  four- 
teenth century,  it  was  no  longer  a  test,  Tor  soon  the  laity  learned  to  read  as 
well  as  the  clergy.  Other  expedients  were  soon  adopted.  Persons  were 
admitted  only  once  to  the  benefit  of  the  dergy.  When  lajinen  were  allowed 
the  privilege,  they  were  burnt  with  a  hot  iron  in  the  brawn  of  the  left  thumb. 

The  distinction  now  is  scarcely  recognised  in  our  country,  though  it  exists 
nominally  in  Virginia,  Kentucky,  North  and  South  Carolina.  In  this  last 
state.  Judge  Stroud  says,  '  a  aistinction  is  made  by  express  law,  between 
males  and  females  convicted  of  dergyable  offences.  Both  are  branded ;  but 
a  male  is  discharged  without  further  punishment ;  a  female  may  be  whipped, 
placed  in  the  stocks,  or  imprisoned  lor  the  space  of  a  year  afterwards,  at 
the  discretion  of  the  court.'  It  is  not  to  be  wondered  at  that  '  benefit  of 
dergy '  should  still  be  retained  in  some  of  the  slaveholding  states,  when  we 
remember  that  only  one  in  one  hundred  and  fifty-five  can  read !  But  we 
close  by  giving  an  anecdote,  and  the  form  of  this  ancient  custom,  handed  to 
us  by  Robert  Rantoul,  Esq. : — 

The  clerk  of  the  court  handed  the  prisoner  a  missal.  If  he  read  the 
Pater  Noster,  the  officer  cried  out,  'Legit,  clericus  est;' — he  reads;  he 
is  a  clerk; — and  his  punishment  was  remitted.  Sometimes  the  prisoner 
deceived  the  court  by  getting  some  one  to  prompt  him  as  he  apparently 
read.  A  story  is  told,  of  one  who  could  not  read,  but  who  held  up  the  mis- 
sal or  parchment,  with  his  thumb  on  the  place.  'Take  away  thy  thumb,' 
said  the  prompter.  The  poor  ignorant  prisoner,  supposing  this  to  be  in  the 
book,  cried,  '  Take  away  thy  thumb  ;'  and  he  was  detected.  See  Black- 
stone's  Commentaries,  vol.  iv.  chap.  28. 


We  have  presented  all  the  capital  offences  in  the  code  of  the 
Union  and  the  codes  of  the  several  states.  Such  a  survey  suggests 
a  variety  of  reflections,  but  we  have  not  room  for  them.  The  list  is 
presented  to  the  reader  to  use  in  any  manner  that  may  have  a  moral 
or  religious  bearing  on  the  community.  Our  laws  are  written  in 
blood.  In  all  the  twenty-six  states,  only  Maryland  has  arranged 
its  code  so  that  the  offender  may  be  punished  capitally  or  by  im- 
prisonment. And  even  here  the  reign  of  blood  is  not  over ;  for,  at 
this  moment,  a  poor  fellow-being  lies  there  in  his  cell,  awaiting  the 
hour  of  his  execution.  Twenty  days  must  elapse  between  the 
sentence  and  the  execution.      In  Maine   and  Vermont  also,  two 


THE  UNITED  STATES.  233 

convicts  are  under  sentence  of  death.  (See  notes  on  their  codes.) 
In  the  first  state  we  have  conversed  with  the  convict  himself. 
Humanity  has  partly  triumphed  in  these  two  states.  The  public 
vengeance  has  time  to  cool.  One  year  at  least  must  elapse  between 
the  sentence  and  the  execution.  In  Maine,  it  must  be  in  private, 
and  takes  place,  if  not  forbidden  by  the  executive  ;  in  Vermont,  if 
ordered.  Doubts  exist,  however,  in  both  states,  respecting  the 
authority  of  the  executive. 

We  believe  our  labor  will  do  good.  Very  few  persons  know  the 
number  or  character  of  the  various  capital  offences  in  the  several 
states.  It  will  be  found,  generally,  that  those  who  violate  the 
laws,  have  the  least  opportunity  of  becoming  acquainted  with  them. 
Indeed,  very  few  prisoners  know  even  the  meaning  of  the  terms 
employed,  such  as  Arson,  Burglary,  Mayhem,  &c.  And  how 
should  they  know  1  We  have  a  large  class  of  men  who  spend 
their  whole  lives  in  studying  the  laws,  and  even  they  differ  about 
their  meaning.  What  can  be  expected,  then,  of  those  who  have 
no  such  advantages  ?  And  then  the  very  language  is  indistinct ;  it 
is  sometimes  mere  jargon.  But  we  cannot  enlarge  on  so  fruitful  a 
theme  as  the  'glorious  uncertainty  of  the  law.'  This  we  did  in 
Essay  X.,  where  we  presented  the  Irremediability  of  the  present 
law.  To  illustrate  our  views,  we  will  give  two  anecdotes,  where 
persons  were  condemned,  who,  from  their  ignorance,  could  proba- 
bly have  not  understood  the  law. — A  youth  was  condemned  for 
burglary.  He  afterwards  wrote  a  very  feeling  letter  to  the  judge, 
stating  that  he  did  not  know  the  name  of  the  crime  which  he  had 
committed. 

The  other  case  is  that  of  a  country  lad  who  was  condemned,  and 
supposed  to  be  innocent.  He  wrote  the  following  letter  to  his 
parents : 

'  i  Now  took  my  pen  for  these  last  time  to  write  to  you  Father 
Mother  brother  sister  and  All  ray  Realtions  wich  [while]  it  is  but  a 
short  time  before  i  [am]  called  hence  to  apear  before  that  tribunle 

Judge — may  the  lord  have  Mearcy  on  Me wich  [while]  i  took 

my  trile  before  the  Judge  and  Jury  wich  [while]  they  past  the  videct 
[verdict]  of  death  on  me — what  I  lay  to  heartt  is — when  it  comes 
over  me  to  think  that  on  [one]  fleow  [fellow]  creature  should  Swear 

a  nother  folovvc  creature  life  away  worngfuly i  write  to  you 

the  Sentement  of  mind  to  tell  you  that  when  i  Mount  the  Fatle 
Sacffold  [fatal  scaffold]  that  the  lord  from  heaven  Nowes  that  i  ams 
inocent  As  child  unborn.' 

Mr.  Livingston  suggests  that  this  is  a  subject  which  might  be 
made  familiar  in  our  common  schools.     A  good  suggestion. 

20* 


APPENDIX    II. 

ILLUSTRATIONS  OF  KINDNESS. 

In  the  course  of  our  labor,  we  have  frequently  alluded  to  the 
power  of  kindness  upon  the  human  ^oul.  We  did  not  commence 
this  work  so  much  with  a  view  to  bring  out  and  illustrate  by  exam- 
ples, that  point,  but  rather  to  show  the  injustice  and  the  inhumanity 
of  the  Punishment  of  Death.  We  have  not  laid  before  the  reader 
any  very  distinct  plan  respecting  the  proper  mode  of  discipline  with 
prisoners.  We  want  to  see  the  criminal  spared.  We  have  pro- 
ceeded to  a  certain  point.  We  say  to  the  state  government  under 
which  we  live,  spare  the  criminal;  he  is  my  brother ;  do  not  mar  the 
image  of  God.  The  taking  his  life  will  not  bring  back  his  victim ; 
it  will  not  prevent  others  from  the  commission  of  crime.  And 
here  we  have  been  obliged  to  stop  in  this  volume.  The  proper 
treatment  of  the  criminal,  and  the  various  causes  and  remedies  of 
crime,  will  furnish  abundant  materials  for  another  volume,  should  it 
be  thought  advantageous  to  the  cause  of  humanity. 

But  to  open  the  way,  and  to  meet  the  frequent  objection  that 
criminals  are  beyond  the  reach  of  moral  influences,  we  present  a 
few  anecdotes  which  liave  a  direct  bearing  on  that  view  of  the 
subject.  We  regret,  with  the  reader,  that  we  could  not  have  gone 
farther.  But  when  the  community  are  prepared  to  appreciate  the 
great  doctrine  of  the  Inviolability  of  Human  Life,  then  we  may  hope 
to  see  some  way  opened,  some  new  development  of  moral  power, 
by  which  the  heart  of  every  criminal  can  be  touched,  and  prisons 
become  churclies,  schools  or  hospitals.  For  some  instances  of  the 
power  of  kindness,  we  are  indebted  to  the  Rev.  Mr.  Montgomery, 
of  Portsmouth,  N.  H.,  whose  labors  in  this  department  have  done 
great  service  to  the  cause  of  humanity. 

MRS.  FRY'S  VISIT  TO  NEWGATE. 

She  applied  for  leave  to  the  governor  to  visit  the  female  prisoners.  He 
attempted  to  dissuade  her.  '  You  will  he  disgusted  with  their  behavioi 
and  language,'  said  he.  '  I  am  almost  afraid,  myself,  to  enter  their  apart- 
ment, tliey  are  so  vile.' 

'  I  am  fully  aware  of  the  danger,'  meekly  replied  Mrs.  Fry.  '  I  do  not  go 
ill  my  own  strength.     God  will  protect  me.' 


ILLUSTRATIONS  OP  KINDNESS.  23^' 

•But,  madam,  if  you  are  detennined  on  entering  this  den  of  iniquity, 
pray,  leave  your  purse  and  watch  behind,'  said  the  governor. 

'  I  thank  thee ;  I  am  not  afraid ;  I  do  not  think  I  shall  lose  anything,' 
replied  this  heroic  woman.* 

She  addressed  them  in  the  most  gentle  accents.  '  You  seem  unhappy,' 
said  she ;  '  you  are  in  want  of  clothes ;  would  you  not  be  pleased  if  some 
one  came  to  relieve  your  misery  V 

'Certainly,'  said  one,  'we  need  clothes.'  'But  nobody  cares  for  as,  and 
where  can  we  find  a  friend  ?'  said  another. 

'  I  am  come  to  serve  you,  if  you  will  allow  me,'  said  Elizabeth  Fry. 
She  then  went  on  to  express  her  syinpathy  for  them,  and  offer  them  hope 
that  they  mi^ht  improve  their  condition.  She  did  not  say  a  word  about  the 
crimes  tney  had  conmutted,  nor  reproach  them.  She  came  to  comfort,  and 
not  to  condenm.  When  she  was  about  to  depart,  the  women  thronged  around 
her. 

'  You  are  leaving  us,'  said  they,  '  and  you  will  never  come  again.' 

'  Yes,  I  will  come  again,  if  ye  desire  it,'  she  replied. 

•  We  do !  we  do !'  was  echoed  round  the  apartment. 

She  read  to  them  the  Bible ;  the  parable  of  the  laborers  in  the  vineyard. 
Some  asked  who  Christ  was.  Others  said  he  did  not  come  for  them; 
others,  it  was  too  late  for  them.  She  passed  the  whole  day  with  them, 
softenmg,  by  her  words  of  peace,  the  most  turbulent  and  perverse  tempers. 
The  reform  was  most  astonishing ;  and,  thanks  to  her  perseverance  auid  the 
years  she  has  devoted  to  this  pious  undertaking,  a  total  change  has  been 
effected  in  the  female  department  of  this  prison.  The  influence  of  virtue 
has  prevailed,  and  many  wretched  beings  have  found  Newgate  an  asylum 
of  repentance  and  heavenly  hope. 

CONDUCT  OF   CAPTAIN   PILLSBURY,  OF  WEATHERSFIELD 
PRISON,  CONNECTICUT. 

[From  the  '  Retrospect  of  Western  Travel,'  by  Miss  Martineau.] 

His  moral  power  over  the  guilty  is  so  remarkable,  that  prison-breakers, 
w^ho  can  be  confined  nowhere  else,  are  sent  to  him  to  be  charmed  into 
staying  their  term  out.  I  was  told  of  his  treatment  of  two  such.  One  was 
a  gigantic  personage,  the  terror  of  the  country,  who  had  plunged  deeper  and 
deeper  in  crime  for  seventeen  years.  Captain  Pillsbury  told  him  wnen  he 
came,  that  he  hoped  he  would  not  repeat  the  attempts  to  escape  which  he 
had  made  elsewhere.  '  It  will  be  best,'  said  he,  '  that  you  and  I  should 
treat  each  other  as  well  as  we  can.  I  will  make  you  as  comfortable  as  I 
possibly  can,  and  shall  be  anxious  to  be  your  friend  ;  and  I  hope  you  will 
not  get  me  into  any  difficulty  on  your  account.  There  is  a  cell  intended  for 
solitary  confinement,  but  we  have  never  used  it,  and  I  should  be  sorry  ever 
to  have  to  turn  the  key  upon  anybody  in  it.  You  may  range  the  place  as 
freely  as  I  do,  if  you  will  trust  me  "as  I  shall  trust  you.'  The  man  was 
sulky,  and  for  weelis  showed  only  very  gradual  symptoms  of  softening  under 
the  operation  of  Captain  Pillsbury's  cheerful  confidence.  At  length,  infor- 
mation was  given  to  the  captain  of  this  man's  intention  to  break  prison. 
The  captain  called  him,  and  taxed  him  with  it;  the  man  preserved  a 
gloomy  silence.  He  was  told  that  it  was  now  necessary  for  him  to  be  locked 
up  in  the  solitarj-  cell,  and  desired  to  follow  the  captain,  who  went  first, 
carrj-ing  a  lamp  in  one  hand  and  the  key  in  the  other.  In  the  narrowest 
part  of  the  passage,  the  captain  (who  is  a  small,  slight  man)  turned  round 
and  looked  in  the  face  of  the  stout  criminal.     '  Now,'  said  he,  '  I  ask  you 


*To  show  the  honesty  of  prisoners,  a  fact  now  lies  before  us,  related  by  Howard 
himself — '  I  never  received  an  insult  from  either  jailer  or  prisoner,  nor  lost  one  article, 
except  a  pocket  hiindkerchief  which  was  afterwards  returned  to  me  by  a  prisoner, 
who  had  picked  it  up  when  it  dropped  from  my  pocket.' 


236  ILLUSTRATIONS  OF  KINDNESS. 

whether  you  have  treated  me  as  I  deserved  ?  I  have  done  everything  i 
could  think  of  to  make  you  comfortable ;  I  have  trusted  you,  and  you  have 
never  given  me  the  least  confidence  in  return,  and  have  even  planned  to  get 
me  into  difficulty.     Is  this  kind  ?    And  yet  I  cannot  bear  to  lock  you  up. 

If  I  had  the  least  sign  that  you  cared  for  me- '    The  man  burst  into 

tears.  '  Sir,'  said  he,  '  I  have  been  a  very  devil  these  seventeen  years  ;  but 
you  treat  me  like  a  man.'  '  Come,  let  us  go  back,'  said  the  captain.  The 
convict  had  the  free  range  of  the  prison  as  before.  From  this  hour  he  began 
to  open  his  heart  to  the  captain,  and  cheerfully  fulfilled  his  whole  term  of 
imprisonment,  confiding  to  nis  friend,  as  they  arose,  all  impulses  to  violate 
his  trust,  and  facilities  for  doing  so  ■which  he  imagined  he  saw. 

Conduct  of  the  same  individual  to  a  prisoner  who  had  sicorn  to  murder  him. 

He  sent  for  him  to  shave  him,  allowing  no  one  to  be  present.  He  eyed 
the  man,  pointed  to  the  razor,  and  desired  him  to  shave  him.  The  pris- 
oner's hand  trembled,  but  he  went  through  it  very  well.  When  he  had 
done,  the  captain  said,  '  I  have  been  told  you  meant  to  murder  me,  but  I 
thought  I  might  trust  you.'  'God  bless  you,  sir!  you  may,'  replied  the 
regenerated  man.     Such  is  the  power  of  faith  in  man. 

Conduct  of  the  same  individual  to  a  prisoner  who  had  attempted  to  escape. 

He  fell,  and  hurt  his  ankle  very  much.  The  captain  had  him  brought  in 
and  laid  on  his  bed,  and  the  ankle  attended  to,  every  one  being  forbidden  to 
speak  a  word  of  reproach  to  the  sufierer.  The  man  was  sullen,  and  would 
not  say  whether  the  bandaging  of  his  ankle  gave  him  pain  or  not.  This 
was  in  the  night,  and  every  one  returned  to  bed  when  this  was  done.  But 
the  captain  could  not  sleep.  He  was  distressed  at  the  attempt,  and  thought 
he  could  not  have  fully  done  his  duty  by  any  man  who  would  make  it.  He 
was  afraid  the  man  was  in  great  pain.  He  rose,  threw  on  his  gown,  and 
went  with  a  lamp  to  the  cell.  The  prisoner's  face  was  turned  to  the  wall, 
and  his  eyes  were  closed,  but  the  traces  of  sufiering  were  not  to  be  mis- 
taken. The  captain  loosened  and  replaced  the  bandage,  and  went  for  his 
own  pillow  to  rest  the  limb  upon,  the  man  neither  speaking  nor  moving  all 
the  time.  Just  when  he  was  shutting  the  door,  the  prisoner  started  up  and 
called  him  back.  '  Stop,  sir.  Was  it  all  to  see  after  my  ankle  that  you 
have  got  up  ?' 
'  Yes,  it  was.  I  could  not  sleep  for  thinking  of  you.' 
'  And  you  have  never  said  a  word  of  the  way  I  have  used  you !' 
'  I  do  feel  hurt  with  you,  but  I  don't  want  to  call  you  unkind  while  you 
are  suffering  as  you  are  now.' 

The  man  was  in  an  agony  of  shame  and  grief.  All  he  asked  was  to  be 
trusted  again  when  he  should  have  recovered.  He  was  freely  trusted,  and 
gave  his  generous  friend  no  more  anxiety  on  his  behalf. 

CONDUCT  OF  AN  AGENT  OF  THE  BIBLE  SOCIETY  IN  THE 
MEXICAN    PROVINCE    OF    TEXAS. 

[From  the  Manual  of  Peace,  by  T.  C.  Upham.] 

His  course  lay  through  a  piece  of  woods,  where  two  men  waylaid  him 
with  murderous  intentions  ;  one  being  armed  with  a  gun,  the  other  with  a 
large  club.  As  he  approached  the  place  of  their  concealment,  they  rushed 
towards  him  ;  hiit  finding  that  no  resistance  was  offered,  they  neither  struck 
nor  fired.  He  began  to  reason  with  them  ;  and  presently  they  seemed  less 
eager  to  destroy  liim  in  haste.  After  a  short  time  he  prevailed  on  them  to 
sit  down  with  him  upon  a  log,  and  talk  the  matter  over  deliberately  ;  and 
finally  he  persuaded  them  to  kneel  with  him  in  prayer ;  after  which,  they 
parted  with  him  in  a  friendly  manner. 


ILLUSTRATIONS  OF  KINDNESS.  237 

ANECDOTE  OP  WILLIAM  LADD. 

[From  the  Democratic  Review.) 

The  following  anecdote  is  one  of  the  best  we  have  ever  seen. 
Mr.  Ladd  was  often  requested  to  permit  it  to  be  published  before 
his  death,  but  he  said  he  preferred  to  keep*it  as  his  best.  Since 
his  decease,  Mr.  Samdel  E.  Coues,  his  friend  and  associate  in 
the  great  Peace  enterprise,  has  given  it  to  the  world.  There 
would  be  few  quarrels,  if  all  were  governed  by  the  principle  devel- 
oped in  this  admirable  anecdote. 

It  was  not  mere  good  nature,  but  the  adoption  of  the  peace  principles, 
which  made  him  thus  gentle-hearted.  A  story,  which  he  often  told  with 
peculiar  relish,  will  illustrate  the  moulding  of  his  character — the  gradual 

Erogress  of  his  mind  in  adopting  the  peace  principles.  '  I  had,'  said  he,  •  a 
ne  field  of  grain,  growing  upon  an  out-farm,  some  distance  from  the  home- 
stead. Whenever  I  rode  by,  I  saw  my  neighbor  Pulsifer's  sheep  in  the  lot, 
destroying  my  hopes  of  a  harvest.  These  sheep  were  of  the  gaunt,  long- 
legged  kind,  active  as  spaniels ;  they  could  spring  over  the  highest  fence, 
and  no  wall  could  keep  them  out.  I  complained  to  neighbor  Pulsifer  about- 
them,  sent  him  frequent  messages,  but  all  without  avail.  Perhaps  they 
would  be  kept  out  for  a  day  or  two,  but  the  legs  of  his  sheep  were  long,  and 
my  grain  rather  more  tempting  than  the  adjoining  pasture.  I  rode  by  again 
— the  sheep  were  all  th^re ;  I  became  angry,  ana  told  my  men  to  set  the 
dogs  on  them,  and  if  that  would  not  do,  I  would  pay  them  if  they  would 
shoot  them. 

I  rode  away  much  agitated ;  for  I  was  not  so  much  of  a  peace  man  then 
as  I  am  now,  and  I  felt,  literally,  full  of  fight.  All  at  once  a  light  flashed 
in  upon  me.  I  asked  myself,  would  it  not  be  well  for  you  to  try,  in  your 
own  conduct,  the  peace  principles  you  are  preaching  to  others  ?  I  thought 
it  all  over,  and  settled  down  my  mind  as  to  the  best  course  to  be  pursued. 

The  next  day  I  rode  over  to  see  neighbor  Pulsifer.  I  found  him  chopping 
wood  at  his  door.  '  Good  morning,  neighbor.'  No  answer.  'Goodmommg,' 
I  repeated.  He  gave  a  kind  of  grunt,  like  a  hog,  without  looking  up.  '1 
came,'  continued  I,  '  to  see  you  about  the  sheep.'  At  this  he  threw  down  his 
axe,  and  exclaimed  in  a  most  angry  manner,  '  Now,  a'n't  you  a  pretty 
neighbor,  to  tell  your  men  to  kill  my  sheep !  I  heard  of  it ; — a  rich  man 
like  you  to  shoot  a  poor  man's  sheep !' 

'  I  was  wrong,  neighbor,'  said  I, — '  but  it  won't  do  to  let  your  sheep  eat  up 
all  that  grain  ;  so  I  came  over  to  say  that  I  would  take  your  sheep  to  my 
homestead  pasture,  and  put  them  in  with  mine ;  and  in  the  fall  you  may 
take  them  back,  and  if  any  one  is  missing,  you  may  take  your  picJc  out  of 
my  whole  flock.' 

Pulsifer  looked  confounded ;  he  did  not  know  how  to  take  me.  At  last 
he  stammered  out,  '  Now,  Squire,  are  you  in  earnest  V  '  Certainly  I  am,'  I 
answered ;  '  it  is  better  for  me  to  feed  your  sheep  in  my  pasture  on  grass, 
than  to  feed  them  here  on  grain ;  and  I  see  the  fence  can't  keep  them  out.' 

After  a  moment's  silence — '  The  sheep  shan't  trouble  you  any  more,'  ex- 
claimed Pulsifer ;  '  I  will  fetter  them  all.  But  I  '11  let  you  know  that  when 
any  man  talks  of  shooting,  I  can  shoot  too ;  and  when  they  are  kind  and 
neighborly,  I  can  be  kind  too.'  The  sheep  never  again  trespassed  on  my 
lot. 

'And,  my  friends,'  he  continued,  addressing  the  audience,  '  remember  that 
when  you  talk  of  injuring  your  neighbors,  they  talk  of  injuring  you.  When 
nations  threaten  to  fight,  other  nations  will  be  ready  too.  Love  will  beget 
love — a  wish  to  be  at  peace  will  keep  you  in  peace.  You  can  only  overcoma 
evil  with  good — there  is  no  other  way.' 


A  NEW  WORK, 

ENTITLED 

NAMES  AND  TITLES  OF  JESBS, 

WITH  BEAUTIFUL  ENGRAVING S. 

Bv    CHARLES    SPEAR,  of  Boston 
SIXTEENTH    EDITION. 


Triis  work  is  of  a  peculiar  character ;  embracing  a  field 
in  tlie  religious  world  never  fully  occupied  before.  The 
great  object  is  to  give  a  moral  and  practical  view  of  the 
Saviour,  and  to  illustrate  all  the  various  Names  and  Titles 
by  which  he  is  distinguished  in  the  Scriptures.  For 
instance :  He  is  called  '  The  Light  of  the  "World ;'  '  The 
True  Vine;'  'The  Physician;'  'Wonderful,'  &c.  &c. 
The  Author  finds  eighty  appellations  applied  to  Jesus,  and 
thus  actually  brings  before  the  reader  eighty  different  views 
of  the  Saviour  of  the  World.  The  Author  was  some 
years  in  preparing  the  work  for  publication. 

About  one  thousand  copies  were  engaged  before  the 
work  went  to  press.  It  was  published  in  January,  1841, 
and  has  now  reached  the  Sixteenth  Edition. 

The  volume  contains  406  pages,  duodecimo,  handsomely 
printed,  elegantly  bound,  with  splendid  Engravings  from 
one  of  the  first  artists  in  the  United  States.     Price  $1,00. 

The  Author  has  been  advised,  in  consequence  of  ill 
health,  and  other  circumstances,  to  travel  with  his  own 
work,  instead  of  placing  it  in  the  hands  of  booksellers. 

All  orders  may  be  sent  to  the  Author's  address,  Rev. 
Charles  Sprar,  24  London  Street,  Boston. 


The  following  Testimonials  have  been  received 
of  this  Work. 


From  Rev.  Henry  A.  Miles,  of  Lowell. 
"Lowell,  Sept.  16,  1841. — I  have  had  the  pleasure  of  examining  a 
book  on  the  names  and  titles  applied  to  our  Saviour  in  the  Bible, 
written  by  the  Rev.  IMr.  Spear.  I  am  much  pleased  with  the  plan  and 
execution  of  the  work,  and  am  confident  that  the  reader  will  find  it  to 
contain  much  valuable  information,  and  to  breathe  a  delightful  spirit 
of  devotion.  It  seems  to  me  to  be  one  of  those  books  which  ought  to 
have  a  place  in  every  family  library,  by  the  side  of  the  Bible  and  the 
Hymn  Book.  Divided  into  short  chapters,  it  can  be  conveniently  read 
in  leisure  moments,  and  will  form  a  useful  part  of  morning  and  even- 
ing devotions.  HENRY  A.  MILES." 

From  Rev.  Wm.  Ware,  of  Cambridge,  Editor  of  the 

Christian  Examiner. 

"  The  volume  before  us  consists  of  short  essays  or  sermons,  upon 
each  of  the  names  or  titles  applied  to  our  Saviour  in  the  Bible. 
Of  these  names  or  titles  the  author,  by  the  exercise  here  and  there  of 
some  ingenuity,  discovers  the  large  number  of  eighty.  The  remarks 
upon  them  are  principally  of  a  practical  and  devotional  character,  with 
criticisms  upon  the  passages  used  as  texts  intermingled,  drawn  from 
approved  authorities.  The  work  has  already  reached  a  fourth  edition ; 
which  seems  to  prove  an  adaptation  to  the  wants  of  a  large  class  of 
readers.  The  thought  and  the  language  of  the  discourses  are  some- 
times striking  and  vigorous." 

From  Rev.  0.  A.  Skinner,  of  Boston. 
"  "We  would  take  the  liberty  of  again  calling  the  attention  of  our 
readers  to  a  work  by  Rev.  Charles  Spear,  on  the  names  and  titles  of 
the  Saviour.  It  is  one  of  the  best  books  on  theology,  that  has  ever 
come  under  our  notice.  The  style  is  chaste  and  elegant,  and  in  many 
parts  of  the  work  truly  eloquent.  The  criticisms  are  correct,  the  rea- 
soning clear  and  satisfactory,  and  the  practical  reflections  persuasive 
and  excellent.  None  can  read  it,  without  having  their  faith  in  the 
Saviour  strengthened,  their  hearts  elevated  and  improved,  and  saying, 
.n  the  strong  language  of  grateful  admiration,  never  man  lived  and 
spake  like  this  man.  The  work  is  enriched  by  two  neat  and  appro- 
priate engravings." 


From  Rev.  S.  K.  Lothrop,  Editor  of  the  Christian  Besisteb, 
OF  Boston. 

"This  work  is  somewhat  novel  in  its  pian,  and  altogether  more 
thorough  and  complete  than  any  work  with  which  we  are  acquainted. 
It  embraces  within  a  short  compass  a  vast  amount  of  just  and  rational 
interpretation  of  Scripture ;  and  is  yet  more  valuable  for  the  catholic 
spirit  and  the  deep  and  fervent  piety  which  pervade  its  pages.  We 
do  not  concur  in  £ill  its  ideas  and  opinions,  but  we  can  commend  it  to 
our  readers,  as  a  book  worthy  to  be  read  thoroughly,  and  from  which 
they  cannot  fail  to  derive  much  valuable  instruction  and  many  good 
impressions." 

From  Rev.  S.  Cobb,  of  Boston. 
"  We  had  looked  over  some  of  the  manuscript  before  it  was  put  to 
press,  and  were  expecting  a  good  and  valuable  work, — but  on  perusing 
it  in  its  finished  state,  we  find  ourselves  greatly  and  agreeably  disap- 
pointed. It  is  much  above  what  we  had  expected.  It  is  chaste  in 
style  and  replete  with  rich  and  profitable  instruction.  It  comprises 
eighty  chapters,  under  the  head  of  as  many  names  or  titles  of  Christ. 
And  from  the  various  names  of  Christ,  the  author  has  drawn  lessons 
of  faith,  hope,  and  practice,  adapted  to  every  circumstance  and  relation 
of  life.  To  get  a  good  idea  of  the  work,  you  must  read  it.  Every 
family  ought  to  purchase  a  copy." 

From  the  Salem  Observer. 
"  A  book  of  406  pages,  from  the  pen  of  Rev.  Charles  Spear,  was 
Issued  from  the  press  a  few  months  ago,  and  has  met  with  unconunon 
success.  It  is  read  with  pleasure  and  profit  by  people  of  all  denomi- 
nations. The  book  has  been  read,  and  highly  recommended,  by  emi- 
nent clergymen  of  diflTerent  denominations  ;  and  as  it  contains  a  large 
amount  of  useful  information,  sdch  as  all  persons  need,  and  is  free 
from  all  objectionable  matter,  it  is  hoped  that  no  one,  who  can  afibrd 
to  purchase  the  work,  will  sufier  the  opportunity  to  secure  a  copy  to 
pass  by  unimproved." 

From  Rev.  Hosea  Balloit,  2d,  of  Medford. 
"  It  is  with  much  pleasure  that  I  recommend  the  '  Names  and  Titles 
of  Christ '  to  the  religious  community.  The  reader  wiU  find  it  a  work 
carefully  prepared,  and  well  written,  containing  much  scriptural 
Instruction,  and  breathing  the  purest  air  of  piety  throughout.  The 
influence  it  will  exert  on  the  affectionS;  eis  well  as  the  understanding, 
cannct  fail  of  being  salutary." 


From  "The  Nazarene,"  published  at  Philadelphia. 
'•  To  those  who  are  acquainted  with  the  author,  it  would  be  useless 
for  us  to  say  a  word  in  commendation  of  this  work.  He  is  weL  known 
as  an  able  and  experienced  writer ;  and  the  deep  spirit  of  Christian 
piety  and  humility  which  has  ever  characterized  his  conduct,  and  been 
diffused  through  the  productions  of  his  pen,  will  show  at  once  his  fit- 
ness to  handle  in  a  proper  manner,  the  peculiar  subjects  discussed  in 
this  book.  The  work  cannot  be  otherwise  than  interesting  to  every 
reader ;  aqd  it  will  form  a  valuable  addition  to  the  library  of  every 
Christian." 

From  Rev.  James  Flint,  D.  D.,  of  Salem. 
Salem,  Jctnt:,  1841. — "  I  have  examined  a  large  number  of  the  arti- 
cles in  Mr.  Spear's  book ;  and  from  this  examination  I  feel  myself 
authorized  to  recommend  the  work,  as  comprising  in  a  small  compass 
the  substance  of  the  interpretations,  in  which  the  most  learned  and  en- 
lightened biblical  critics  have  agreed,  of  the  Names  and  Titles  applied 
to  the  Saviour  in  the  Bible.  It  cannot  fail  to  afford  valuable  infor- 
mation to  the  general  reader,  and,  what  is  still  better,  to  awaken  in 
the  heart  of  the  Christian  deep  and  delightful  emotions  of  thankful- 
ness and  love  to  God  and  his  Son, — to  the  Father,  who  sent,  and  to  the 
Son,  who  came  to  be  the  Saviour  of  the  world.     jAMES  FLTN"'  " 

From  the  Boston  Quarterly  Review. 
"  This  book  would  seem  to  be,  as  the  trade  would  say,  a  successful 
one ;  for  although  it  has  been  published  but  a  few  months,  it  has 
already  reached  a  fourth  edition.  ****  It  is  the  production  of  a 
serious,  earnest  mind,  disposed  to  religious  reflection,  and  possessed 
of  much  genuine  religious  feeling.  The  book  is  rather  a  devotional 
book  than  otherwise,  and  is  quite  creditable  to  the  industry,  the 
acquirements,  the  intellect,  and  the  heart  of  the  writer.  It  is  a 
book  from  which,  we  doubt  not,  many  may  derive  much  spiritual 
nutriment." 

From  Rev.  John  G.  Adams,  of  Malden. 
"  With  very  few  exceptions,  we  have  never  perused  a  gospel  work 
that  has  jnelded  us  purer  spiritual  pleasure  than  this.  While  we  have 
lingered  over  its  pages  with  full  heart  and  eye,  we  have  felt  the  burn- 
ing of  that  love  within  us  which  we  pray  may  wax  warmer  and 
warmer,  and  go  up  a  pure  and  steady  flame  of  devotion  to  Him  '  who 
spared  not  his  own  Son,  but  freely  delivered  him  up  for  us  all,'  and 
who  will  'with  him  also  freely  give  us  all  things.' " 


Fkoh  Rev.  CHAKiiES  "W.  Upham,  of  Salem. 
"  Salem,  June  8,  1841. — A  book  has  been  placed  in  my  hands, 
written  by  Rev.  Mr.  Spear,  on  the  '  Names  and  Titles  of  the  Lord 
Jesus  Christ,'  and  commended  to  my  notice  by  a  learned  and  eminent 
Unitarian  Minister.  I  have  had  opportunity  to  examine  some  of  the 
chapters  particularly,  and  to  look  over  the  whole  work,  and  it  gives 
me  pleasure  to  say  that  I  think  it  a  valuable  and  acceptable  publication. 
It  is  a  book  which  all  may  understand,  and  conveys  much  important 
information.  Its  plan  is  good,  and  its  spirit  is  excellent ;  and  in  a  popu- 
lar form,  it  presents  the  results  of  much  learned  labor  and  research.  I 
consider  its  circulation  desirable,  and  earnestly  recommend  it  to  all 
friends  and  seekers  of  ChrLstian  truth,  and  scriptural  knowledge. 

CHARLES  W.  UPHAM." 

From  Rev.  John  M.  Mehrick,  of  "Walpole. 
"Walpole,  March  24,  1842. —  I  have  read  with  pleasure  and 
profit  the  greater  part  of  a  work  entitled  the  '  Titles  of  Jesits,'  by  the 
Rev.  Mr.  Spear,  and  am  happy  to  add  my  testimony  to  the  many  he 
has  already  received,  of  its  great  worth.  I  cordially  recommend  it  as 
a  book  of  a  serious,  practical  character,  admirably  adapted  to  the  pur- 
poses of  Christian  instruction  and  edification. 

JOHN  M.  MERRICK." 

From  The  New  York  Christian  Messenger. 
"  We  have  had  no  opportunity  to  peruse  the  work,  but  from  the 
nature  of  the  subject,  and  the  well-known  abilities  and  deep  devotional 
spirit  of  the  author,  we  have  no  doubt  that  he  has  produced  an  excel- 
lent— a  useful  work.  But  aside  from  this,  we  can  indulge  great  con- 
fidence in  it,  from  the  universal  commendation  it  has  met  with, 
wherever  it  has  been  known,  and  the  almost  unparalleled  sale  which 
has  attended  it.  It  is  but  a  few  months  since  it  was  first  published, 
and  the  fifth  edition  is  just  issued  from  the  press." 

From  Rev.  Hekry  Bacon,  of  Providence. 
"  This  work  will  be  found  very  interesting  and  useful.  The  name 
admits  the  mind  in  a  moment  into  the  variety  that  will  spread  before 
it  as  soon  as  the  book  is  opened ;  and  we  vent..re  to  promise  any 
individual,  who  has  the  least  taste  for  religious  reading,  that  ne  will 
prize  this  volume  highly  as  socn  he  becomes  acquainted  with  its 
contents." 


From  Eev.  Wm.  Ne\vi:ll,  of  Cambridge. 
"Cambridge,  Oct.  18,  1841. — From  a  cursory  examination  of  your 
work,  and  the  strong  testimonies  in  its  favor  which  you  have  received 
from  competent  judges  of  its  merits,  I  do  not  hesitate  to  recommend 
it  to  all  who  are  interested  in  the  subjects  of  which  it  treats.  Though 
I  may  differ  from  you  in  some  of  your  conclusions  and  criticisms, 
I  cordially  approve  of  the  spirit  and  tendency  of  the  work,  and  think 
it  calculated  to  do  good.  WM.  NEWELL." 

From  Rev.  J.  M.  Austin,  of  Dan  vers. 

Danvers,  March  14,  1842. — It  is  difficult  to  express  the  pleasure 
which  I  have  received,  and  continue  to  receive,  in  perusing  this  book. 
So  richly  abounding  in  useful  instruction — so  pathetic  and  touching, 
so  persuasive  to  purity  and  goodness,  in  its  moral  influences — and  yet 
so  child-like  and  unostentatious  in  its  pretensions — as  a  whole,  it  be- 
longs to  the  first  class  of  the  religious  works  of  the  age.  I  am  confi- 
dent it  cannot  be  read  without  benefit  both  to  the  head  and  the  heart, 
nor  without  an  increased  sense  of  the  claims  of  the  Saviour  upon  our 
gratitude  and  love.  It  is  with  the  utmost  confidence  and  pleasure 
that  I  recommend  it  to  Christians  of  every  sect,  as  a  most  valuable 
family  manual.  Let  all  obtain  it,  and  they  will  secure  a  treasure  of 
the  highest  worth. 

"  The  eighth  edition  is  rendered  more  attractive,  by  the  addition  of 
two  beautiful  engravings,  illustrative  of  the  raising  of  the  Widow's 
Son,  and  of  the  parable  of  the  Lost  She^p.  These  plates  are  executed 
with  skill,  and  are  very  expressive.  J.  M.  AUSTIN." 

From  Rev.  Joseph  Angier,  of  Milton. 
"  Mr.  Spear  has  given  us,  in  his  '  Titles  of  Jesus,'  a  good  book.  It 
contains  much  valuable  information,  is  characterized  by  good  sense 
and  liberality,  and  breathes  a  spirit  of  sincere  and  fervent  devotion, 
which  cannot  fail  to  recommend  it  to  the  unprejudiced  of  all  denomi- 
nations. From  some  of  its  opinions  and  criticisms  it  becomes  me 
candidly  to  avow  my  dissent.  But  the  book  is  rather  practical  and 
devotional  than  doctrinal ;  and  as  such,  I  consider  it  a  valuable 
addition  to  our  religious  literature,  and  give  it  my  confident  and 
hearty  approval  and  r'^commendation.  JOSEPH  ANGIER." 


From  Ret.  A.  P.  Peabodt,  op  Portsmouth. 

I  have  examined  to  some  extent  the  work  on  the  Titles  of  Jesna^ 
by  Rev.  Mr.  Spear,  and  cheerfully  testify  that  the  views  which  it  pre- 
sents seem  to  me  sound  and  correct,  and  that  the  book  is  adapted  to 
the  instruction  and  edification  of  Christian  readers  generally. 

A.  P.  PEABODY. 

From  the  Age,  Attqusta,  Me. 

'  This  work  gives  evidence  of  much  industry  and  research,  as  well 
as  genuine  religious  feeling.  We  take  pleasure  in  saying  that,  in 
our  judgment,  it  will  form  a  valuable  addition  to  the  library  of  any 
Christian  of  any  sect.' 

From  Rev.  Frederick  A.  Farlet,  of  Brookltw,  N.  Y. 
Such  a  work  may  prove  very  useful  to  various  classes  of  readers 
of  the  sacred  text,  and  be  very  serviceable  to  Sunday  School  teachers. 
I  cheerfully  unite  with  many  of  my  brethren  in  the  ministry  in  com- 
mending it  to  the  patronage  and  study  of  my  brethren  in  the  faith. 

'     FRED.  A.  FARLEY. 

From  Rev.  Jason  Whitman,  of  Portland. 
Without  undertaking  to  endorse  every  sentiment  expressed  by  the 
author,  I  must  say  that  I  believe  the  work  well  calculated  to  enlighten 
the  mind  and  warm  the  heart.  I  can  therefore  recommend  the  work 
to  all  who  wish  for  a  better  knowledge  of  the  Saviour,  or  a  more  pure, 
devout  and  intimate  communion  with  him.       JASON  WHITIMAN. 

Portland,  August  10,  1842. 
Rev.  a.vd  Dear  Sir  : — Your  book  is  a  treasure.  The  only  won- 
der to  me  is  that  you  ever  found  time  to  make  it  so  short.  Vol- 
umes must  have  accumulated  ujwn  your  hands  in  preparing  eighty 
chapters  upon  as  many  distinct  titles  of  the  Saviour;  and  you  must 
allow  me  to  congratulate  you  on  your  extraordinary  success  upon  two 
points : — In  condensation,  and  in  the  avoidance  of  everylhing,  so  far 
as  I  can  perceive,  which  smacks  of  sectarianism.  Wishing  you  the 
reward  you  so  well  deserve,  here  and  hereafter,  for  your  labors  in 
this  behalf, 

I  am,  dear  sir, 

Your  friend  and  sincere  well-wisher, 

JOHN  NEAL 


From  the  Eastern  Argus. 
We  do  not  hesitate  to  say  that  this  work  ought  to  be  in  the  library 
of  every  Christian  family — no  matter  to  what  denomination  its  mem- 
bers may  belong. 

From  Kev.  Stlvester  Judd,  Jr.,  of  Augusta,  Me. 
The  book  of  the  Rev.  Mr.  Spear,  on  the  Titles  of  Jesus,  I  cheer- 
fully recommend  to  the  attention  of  all,  and  believe  it  well  adapted  to 
the  great  purposes  of  faith  and  practice.      SYLVESTER  JUDD,  Jr. 

From  Rev.  William  A.  Drew,  of  Augusta,  Me. 

A  beautiful  book,  and  a  good  one  ;  ay,  one  that  does  credit  to  the 
author — and  which  does  credit  also  to  the  denomination  of  which  he 
is  a  member.  It  evidently  was  not  prepared,  as  some  other  books 
are,  to  sell,  but  to  instruct  and  edify  its  readers. 

From  the  Evening  Gazette,  of  Boston. 
The  value  and  high  estimation  in  which  the  work  before  us  is  held, 
may  be  conceived  from  the  fact,  that  it  has  in  less  than  two  years 
reached  twelve  editions.  The  subject,  in  itself  most  beautiful,  has 
been  handled  by  the  writer,  Rev.  Charles  Spear,  of  Boston,  in  such  a 
manner  as  to  diffuse  upon  the  pages  of  the  volume  the  light  of  a 
Christian  spirit,  shining  calmly  and  peacefully  from  every  sentence. 
Now  and  then  we  notice  a  passage  which  will  of  course  find  oppo- 
sition from  sectarian  feeling;  but  the  tenor  and  spirit,  in  which  even 
this  is  conveyed,  are  so  truly  Christian,  that  it  does  not  jar  upon  the 
spirit  of  devotion.  It  is  an  instructive  and  pleasant  work  for  the 
Sabbath,  and  the  style  of  its  execution  does  great  credit  to  the  author. 
It  is  for  sale  by  the  author. 

From  Rev.  Barzillai  Frost,  of  Concord,  Mass. 
I  have  examined  several  important  chapters  of  Mr.  Spear's  book, 
called  "  Names  and  Titles  of  the  Lord  Jesus  Christ."  From  these 
chapters,  and  from  the  manner  in  which  it  is  recommended  by  the 
best  judges,  I  am  satisfied  that  it  is  written  with  ability  and  learning, 
and  in  an  excellent  spirit;  and  that  it  contains  much  useful  in 
struction,  especially  for  the  common  reader  and  the  Sunday-school 
teacher.  BARZILLAI  FROST. 


9 

Notices  from  Europe. 
From  "Thb  Inqotrer,"  published  nr  Lonsoh. 

"The  author  has  brought  together,  •with  great  diligence,  all  the 
Names  and  Titles  which  are  in  Scripture  applied  to  Christ, — ^we 
might  almost  add,  or  have  been  imagined  to  be  so  applied, — amount- 
ing altogether  to  eighty.  Each  of  these  he  explains  and  illustrates 
practically — conveying  much  useful  comment  in  a  popular  style, 
accompanied  by  a  great  variety  of  valuable,  moral  and  devotional 
sentiment.  That  the  work  is  adapted  for  general  usefulness,  is  evi- 
dent from  its  extensive  and  rapid  sale  in  America.  We  believe  it  is 
as  yet  scarcely  known  at  this  side  of  the  Atlantic,  but  it  would  proba- 
bly suit  the  wants  of  many,  and  be  esteemed  a  valuable  addition  to 
our  stock  of  practical  divinity.  We  have  no  hesitation  in  expressing 
our  approbation  of  its  prevailing  opinions  and  tendency,  and  our 
hope  that  it  will  meet  with  a  welcome  amongst  us.    - 

"  We  believe  Mr.  Spear  is  right  in  thinking  that  no  attempt  so  exten- 
sive as  his  own  had  previously  been  made.  The  Titles  of  Christ, 
which  could  be  supposed  to  involve  controversial  considerations,  have 
been  examined  by  writers  on  opposite  sides  of  the  great  disputed 
questions ;  but  the  treatment  of  them  so  extensively,  as  subjects  for 
useful  explanation  and  sources  of  practical  improvement,  is,  we  think, 
novel,  and  must  have  cost  a  good  deal  of  labor  and  thought." 
London,  Jan.  28,  1843. 

From  "The  Bible  Christian,"  Belfast,  Irelaitd. 
"We  cordially  recommend  all  our  readers  to  purchase  this  work. 
We  recommend  it  to  Christian-  families  as  a  useful  and  interesting 
auxiliary  to  their  devotional  exercises.  We  recommend  it  to  congre- 
gational libraries,  as  a  work  that  will  seldom  be  allowed  to  rest  upon 
the  shelves.  We  recommend  it  to  Sunday-school  teeichers  as  one  of 
the  best  Manuals  we  know,  for  rational  explanation,  and  for  practi- 
cal lessons  of  piety  and  morality.  And  since  it  is  one  of  the  goodly 
fashions  of  the  present  day  for  all  persons  who  would  aspire  to  any 
degree  of  literary  taste,  to  display  literary  ornaments  on  their  drawing- 
room  tables,  we  can  confidently  recommend  it  for  this  purpose  too. 
In  typography,  paper  and  binding,  it  is  beautifully  got  up.  It  contains 
two  fine  engravings,  by  an  eminent  American  artist.  And  if  visitors 
have  occasionally  to  wait  a  few  minutes  for  the  appearance  of  the 
mistress  of  the  house,  we  do  not  know  how  they  could  spend  the  time 
more  pleasantly  or  more  profitably,  than  in  perusing  a  section  of  the 
'  Names  and  Titles  of  Jesus.'  " 


Boston. 


10 

Among  the  thousands  who  have  purchased  this  work  may  be 
named  the  following : — 
Hon.  Josiah  Quincy,  LL.  D.,  President  of  Harvard  University. 
Rev.  William  E.  Channing,  D.  D.  >| 
"    Ezra  S.  Gannett, 
"    Francis  Pajkman,  D.  D. 
"    John  Pierpont, 
"    Chandler  Bobbins, 
«    C.  A.  Bartol, 
«    R.  C.  Waterston, 
"    N.  L.  Frothingham, 
«    James  I.  T.  Coolidge, 
«    F.  D.  Huntington, 
«    F.  T.  Gray, 
"    Samuel  Barrett, 
«    F.  W.  P.  Greenwood, 
"    John  T.  Sargent, 
Rt.  Reverend  Alexander  Viets  Griswold,  D.  D.,  Bishop  of  Massa- 
chusetts, Maine  and  Rhode  Island  ;  acting  Bishop  of  New  Hamp- 
shire ;  and  senior  and  presiding  Bishop  of  the  Protestant  Epis- 
copal Church  of  the  United  States  of  America. 
Rev.  Henry  Giles,  of  England. 
Hon.  S.  Longfellow,  Me. 

"    Marcus  Morton. 
Rev.  Addison  Searle,  Chaplain  U.  S.  Navy. 
Thomas  H.  Perkins,  Boston. 
Thomas  C.  Upham,  Prof  of  Metaphysics  and  Ethics,  and  Instructor 

in  the  Hebrew  Language  in  Bowdoin  College,  Me. 
Rev.  S.  J.  May,  Principal  of  the  Normal  School,  Lexington. 
"    George  E.  EUis,  of  Charlestown. 
"    Ichabod  Nichols,  D.  D.,  of  Portland. 
"    Henry  W.  Bellows,  of  N.  Y. 
"    W.  B.  0  Peabody,  of  Springfield,  Mass. 
S.  B.  Woodward,  Superintending  Physician  of  State  Lunatic  Hos- 
pital, Worcester. 
W.  C.  Bryant,  of  N.y. 

Benjamin  Abbot,  formerly  Principal  of  Exeter  Academy,  N.  H. 
Hon.  John  Q.  Adams. 
Hon.  Charles  Jackson,  Boston. 
"     William  Prescott,  Boston. 
S.  E.  SewaU,  Esq.,  Boston. 
Samuel  E .  Coues,  President  of  American  Peace  Society. 


A  New  Work. 


ESSAYS  ON  THE  PUNISHMENT  OF  DEATH. 

BY   CHARLES    SPEAR,    OF   BOSTON; 

AUTHOR  OF  'titles  OF  JESUS  ;'    'ESSAYS  ON  IMPRISONMENT  FOR  DEBT,'  ETC. 
WITH    A    FINE    ENGRAVING. 

FOURTH    EDITION. 


This  work  is  intended  to  present  a  concise  and  practical  view  of  the  sub- 
ject of  Capital  Punishment.  For  years  the  author  has  felt  deeply  interested 
m  it,  and  has  spent  much  time  in  the  collection  of  facts.  In  its  preparation 
he  had  access  to  many  valuable  foreign  publications,  scarcely  known  in  this 
country. 

CONTENTS. 

PART  I.— HISTORY  AND  OBSERVATION. 

ESS.\Y  I. — Sacredness  of  Human  Life. 

ESSAY  II. — Revengeful. 

ESSAY  III. — Scruples  of  Jurors  and  Witnesses. 

ESS.\Y  IV. — Effect  of  Public  Executions  upon  the  Prisoner. 

ESSAY  V. — Effect  of  Public  fixEcuTioNs  upon  the  Spectators; 

ESSAY  VI. — Effect  of  Public  Executions  upon  Domestic  Life. 

ESS.A.Y  VII. — Effect  of  Ajjolishment. 

ESSAY  VIII. — Dangerous  to  Liberty. 

ESSAY  IX. — Future  Condition  of  the  Soul. 

ESSAY  X. — Irremediability. 

PART  II.— SACRED  SCRIPTURES. 

ESSAY  I.— Cain. 
ESSAY  II. — Covenant  with  Noah. 
ESSAY  III.— Mosaic  Code. 
ESS.\Y  IV. — Teachings  of  Christ. 
ESSAY  v.— Objections. 
ESS.\Y  VI. — Encouragements. 

O'CONNELL'S  Speech  on  the  subject  is  embodied  in  the  work. 

A  list  of  all  the  capital  offeuces  in  the  Union  is  sjiven;  a  labor  said  by  dis- 
tingiiished  jurists  never  to  have  been  accomplished  before. 

The  work  is  published  and  sold  by  the  .Author,  24  London  street,  Boston. 
Having  incurred  arreat  expense  in  the  publication,  and  being  of  infirm  health, 
willi  a  large  family,  he  looks  to  a  generous  public  to  sustam  liim  in  his 
humble  efforts  to  auir"'.]  ^rato  the  condilii)a  of  tnc  poor  criminal. 


Z  COMMENDATORY    NOTICES- 

COAOIENDATORY  NOTICES. 

lFi;oM  THE  New  Vokk  Tribune.] 

We  have  here  a  most  comT)act  and  forcible  array  of  facts  and  considera- 
tions which  forbid  the  le^al  slaughter  of  human  beings — the  best  work  by 
far  that  has  ever  ajipeared  on  the  subject — simple,  lucid,  cogent  and  affect- 
ing. Every  proposition  usged  against  the  continuance  of  the  gallows  is  for- 
tified bj'  abundant  citations  of  facts,  accounts  of  executions,  &c.  &c.,  till  it 
would  seem  impossible  that  any  one  should  read  and  reflect  on  this  book 
without  a  deep  loathing  for  the  code  of  blood,  and  an  amazed  pity  for  the 
infatuation  of  its  advocates.  If  any  man  can  read  these  'Essays,'  and  not 
be  convinced  that  legal  killing  has  incited  to  four  murders  for  every  one  Lt 
has  prevented,  he  must,  it  seems  to  us,  be  steeled  against  the  force  of  evi- 
dence and  the  fear  of  shedding  innocent  blood. 

We  hope  this  hook  will  be  widely  circulated,  though  the  author,  being 
poor,  publishes  his  book  himself,  and  goes  about  to  sell  it  as  he  can,  which 
will  retard  its  dissemination.  We  are  sure  a  bookseller,  who  shall  first  pro- 
cure sorrte  copies  for  this  city,  and  let  the  public  know  it,  must  sell  them 
rapidly.  The  facts  here  industriously  collected — the  recorded  opinions  of 
Beccaria,  Blackstone,  MoNTEsauiEu,  Franklin,  Rush,  Smollett,  La- 
fayette, Channing,  Edward  Livingston,  O'Connell,  &c.  &c., — are 
alone  worth  double  the  cost  of  the  volume.  To  the  more  general  reader, 
this  work  must  be  more  interesting  than  the  freshest  novel  can  be — so  vari- 
ous and  thrilling  are  its  incidental  portraitures  of  the  human  heart  and  life 
— of  our  criminal  laws,  and  their  hardly  more  criminal  victims.  Let  it  be 
widely  disseminated. 

The  Appendix  gives  tables  of  all  capital  offences  hy  the  laws  of  the  sev- 
eral States  and  the  code  of  Moses,  respectively,  and  must  be  valuable  to 
lawyers  and  others. 

[From  the  Bat  State  Pemocrat,  of  Boston.) 

The  subject  is  most  ably  treated  upon  hy  the  author,  who  has  condensed 
into  a  book  of  about  250  pages  much  valuable  information  of  a  highly  inter- 
esting character. 

Mr.  Spear  gives  many  pertinent  extracts  from  high  authorities  to  sustaia 
his  benevolent  views,  and  among  others  we  notice  a  very  interesting  quota- 
tion from  a  speech  made  by  O'Connell  before  the  London  meeting  for  the 
diffusion  of  information  upon  the  subject  of  Capital  Punishment. 

[From  the  Boston  Olive  Branch.] 

With  Mr.  Spear's  benevolent  views  we  most  heartily  accord,  and  we  feel 
fully  assured  that  he  has  done  the  public  a  great  service,  not  only  in  his  own 
reasoning,  but  also  in  the  many  pertinent  extracts  which  he  has  made  from 
high  authorities,  on  this  important  subject.  We  hope  the  work  will  be  ex- 
tensively read  and  its  principles  carried  out. 

[From  the  Boston  Bee.) 

This  is  a  work  that  evidences  the  devotion  of  no  little  time,  labor  and 
thought,  to  its  composition ;  is  written  in  a  plain,  forcible  and  logical  man- 
ner, with  an  earnestness  and  clearness  of  style  which  show  how  much  the 
author  is  impressed  with  the  truth  of  what  he  writes,  how  thoroughly  he  has 
given  the  subject  his  attention,  and  how  ardently  he  desires  to  convince  the 
judgment  of  his  readers.  To  give  completeness  to  the  book,  he  has  annexed 
to  his  essays  a  list  of  capital  offences  m  the  code  of  the  L^^nion  and  in  the 
codes  of  the  several  States  ;  an  arrangement  that  is  not  to  be  found  in  any 
other  work,  and  one  of  great  service  to  the  reader,  by  enabling  hirn  to  turn 
at  any  moment  to  see  what  is  a  capital  offence  in  the  code  of  the  Union  or. in 
either  of  the  twenty-six  states  of  our  republic. 


COMMENDATORY    NOTICES.  3 

IFrom  tub  National  Anti-Slavbbt  Standard.! 
We  -would  that  we  could  induce  every  one  of  our  subscribers  to  buy  this 
boolc.  It  is  the  clearest  and  most  condensed  array  of  facts  and  arguments, 
on  the  subject  of  Capital  Punishment,  that  we  ever  met  with.  Portions 
of  it  are  thrilling  In  the  extreme.  We  do  not  envy  the  head  or  the  heart 
of  the  man,  who  can  rise  from  its  perusal  without  an  utter  abhorrence 
of  this  bloody  relic  of  barbarism,  ana  a  determination  to  do  his  utmost  to 
sweep  it  from  our  criminal  code  with  or  without  benefit  of  clergy i  The 
author  is  a  poor  man,  well  known  for  his  philanthropic  efiForts,  and  love  of 
the  human  race.  He  has  printed  it  at  his  own  expense.  Buy  the  book,  and 
lend  it  far  and  wide.     It  will  scatter  good  seed,  and  yield  a  noble  harvest. 

(From  the  Boston  Trcmpet.J 
Having  examined  this  recently  and  timely  issued  work,  I  feel  it  my  duty 
as  well  as  privilege,  to  recommend  it  to  the  serious  attention  of  an  enlight 
ened  and  Christian  public.  The  author  has  taken  great  pains  to  bring  the 
merits  and  importance  of  his  general  subject  before  his  reaaers,and  has  sup- 
ported his  positions  with  such  facts,  authorities,  and  arguments,  as  cannot 
fail  to  command  the  serious  consideration  of  the  sober  and  candid  on  both 
sides  of  the  great  question  which  now  deeply  interests  the  community,  and 
on  which  humanity  will  not  cease  to  plead  with  legislators  tmtil  the  punish- 
ment of  death  is  abrogated  from  our  criminal  code. 

(From  the  Boston  Ladies'  Repository.] 
The  work  is  written  in  an  excellent  style  and  with  a  truly  Christian  spirit. 
It  carries  its  own  evidence  of  diligence  and  research  on  the  part  of  the 
author,  and  that  he  engaged  in  the  labor  of  obtaining  and  arranging  facts 
with  an  earnest  and  solemn  purpose.  We  hope  the  volume  will  be  widely 
circulated  and  extensively  read ;  and  let  any  one  read  it,  considering  the  dif- 
ference between  the  appeals  therein  made,  and  those  contained  in  the  works 
on  the  opposite  side,  and  he  will  see  the  difference  between  the  tempers 
awakenea  by  the  opposite  opinions.  And  we  cannot  but  add,  that  he  will 
also  see  how  the  best  interests  of  society  will  be  promoted  by  the  abolish- 
ment of  sanguinary  laws. 

[From  the  New  York  Christian  Messenger.] 
We  commend  this  work  to  public  attention,  with  great  confidence,  as  a 
valuable  collection  of  facts  and  reflections  upon  the  subject  of  which  it  treats 
— perhaps  the  best  that  can  be  obtained.  It  seems  to  us  impossible  for  a 
calm,  dispassionate  j)erson  to  rise  from  a  careful  perusal  of  it,  without  strong 
doubts  of  the  utility  or  propriety  of  the  death-penalty,  if  not  with  strong 
convictions  against  it.  We  wish  it  might  be  broad  cast  over  the  world,  ana 
appeal,  with  Us  startling  facts,  to  every  heart  which  may  yet  harbor  a  doubt 
on  this  subject. 

[From  the  Merchants'  Magazine,  New  York.] 
We  have  read  this  admirable  series  of  Essays  on  the  Punishment  of  Death 
with  deep  interest;  and,  in  connection  with  the  agitation  of  the  subject  in 
several  of  the  legislatures  of  the  states,  and  other  signs  of  the  time,  it  seems 
to  us  to  indicate  the  progress  of  reform  in  regard  to  this  relic  of  barbarism, 
which  must  eventually  yield  to  the  spirit  of  tne  Gospel.  The  author  seems 
to  have  compassed  the  whole  subject;  and  to  us  his  arguments,  figures,  and 
facts,  strengthen  a  conviction  that  our  whole  heart  and  judgment  assent  to, 
viz.,  that  the  punishment  of  death  should  be  stricken  from  the  statute-books 
of  every  government  whose  laws  are  professedly  based  upon  the  ethics  of 
Christ."  We  hope  the  lionest,  but  mistaken  advocates  of  legalized  murder, 
as  well  as  those  who  have  one  lingering  doubt  upon  the  subject,  will  read 
this  book ;  as  its  force  and  truthfulness  must  lead  the  former  to  review  their 
opinions,  and  scatter  to  the  winds  the  misgivings  of  the  latter. 


In  Preparation  by  the  Anthor. 

I. 

ESSAYS   ON   PEACE;   OR,   THE   INVIOLA- 
BILITY  OF  HUMAN  LIFE. 


The  author  proposes  publishing  a  work  bearing  the 
above  title.  Such  a  work,  he  sincerely  believes,  is  much 
needed  at  the  present  day,  when  human  life  is  recklessly 
taken,  and  violence  fills  the  land.  The  great  object  of 
the  author  will  be  to  show,  not  only  that  all  wars  are 
wrong,  but  that  all  preparation  is  inexpedient,  unnecessary, 
and  contrary  to  the  principles  of  Christianity. 

The  author  has  had  the  subject  in  view  for  many  years. 
He  has  been  enabled  to  collect  a  variety  of  facts,  statistics 
and  incidents  inaccessible  to  the  general  reader. 


CONTENTS. 

I. 

Inviolability  of   Human 

VII. 

Popular  Objections. 

Life. 

VIII. 

American  Revolution. 

11. 

Sufferings  of  War. 

IX. 

Measures     to     promote 

III. 

Causes. 

Peace. 

IV. 

Effects. 

X. 

Encouragements. 

V. 

"War,  a  Violation  of  the 

XI. 

Anecdotes  illustrating  the 

"Word  of  God. 

practicability  of  Peace 

VI. 

Objections  from  the  Scrip- 
tures. 

Principles. 

The  work  will  be  comprised  in  a  single  volume,  12mo., 
embellished  with  a  rich  and  spirited  steel  engraving. 

Having  been  at  great  pains  to  prepare  the  work,  and 
being  of  infirm  health,  the  author  intends  to  sell  his  own 
work,  instead  of  placing  it  in  the  hands  of  booksellers. 

Address,  Charles  Spear,  Boston. 


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